
Glass: 

Book \t 



_____ \ __ 



**»U*iit» 

KENTUCKY 
ELECTION LAWS. 



COMPILED BY THE 



SECRETARY OF STATE, 



WITH THE AID AND ADVICE 
OF THE 



ATT0RNEY=GENERAL 



FEBRUARY 15, 1901 



liOUisviUiE : 

Geo. G. Fetter Printing Co. 

1901. 



KENTUCKY 
ELECTION LAWS. 



COMPILED BY THE 



SECRETARY OF STATE, 



WITH THE AID AND ADVICE 
OE THE 



ATTORNEY-GENERAL. 



FEBRUARY 15, 1901 



iiOtrisvmLE : 
Geo. G. Fetter Printing Co., 



- °3 



By transfer 

JAN ! 11909 






INDEX. 



Section 

Appeals in Contested Election 79 

Arrest of Offender Against Law 148 

Assessor — time of election 88 

vacancy in office — how filled 95 

Attorney, County — time of election 88 

vacancy in office — how filled 95 

Attorney, Commonwealth — time of election 88 

vacancy in office — how filled 95 

Attorney, General — time of election 88 

vacancy, how filled 91 

Auditor — time of election 88 

vacancy in office — how filled 91 

Ballot, Secret 10 

book — to be bound 19 

candidates' names on 11-14 

clerk, county — duty concerning 11-14 

distribution of 19 

defacing — penalty 41 

destroying — penalty 38 

device on 14 

form of 14 

marking — penalty 41 

officer not to deposit 41 

payment for 27 

printing, selling — penalty 29 

printed, to be 15 

delivery of 27 

voting, manner of 14-36-37 

Ballot Boxes — how provide, paid for 33 

destroying, penalty 134 

election officers, duty concerning 33 

Blind Persons — manner of voting 4f 

Booths — provision concerning 32 

penalty for injuring 129 

Bribery defined '. .' 147 

disfranchises 147 

punishment for 147-148 

Candidate — death — removal — withdrawal 11 

Cards of Instruction 30-31 

Certificates of Nomination 11 

of election, granting and form 73-74 

refusal to give — penalty ... 143 



INDEX. 



Section 

Challenger of Votes 42 

Challenger, Appointment of 35 

Citizenship of Voter — how determined 43-44-45 

City in Two Counties 9 

Clerk Court of Appeals — Election, time 86 

vacancy in office — how filled 91 

Clerk, Circuit — time of election 87 

Clerk, County — time of election 66 

vacancy in office — how filled 95 

Commissioner of A. L. and S. — election — time 85 

vacancy — how filled 91 

Congressional Election — time of 84a 

Constable — time of election ( 95 

Contested Election — how to proceed with State office, Governor and L. G. 75 

other State officers '9 

members of General Assembly 100 

Constitutional Amendments — how voted 28 

Construction — how — law construed 152 

Coroner — time of election 88 

vacancy in office — how filled 95 

Counting Vote 20 

Device 14 

Disabled Persons — Voting 40 

Election Commissioners, State Board 69 

Election Commissioner, County Board 70 

Election — Meaning of the Word 1 

Electioneering near Polls 130 

Employes — time to vote 135 

Expenses of Election — how paid 101-102 

False Swearing, Subornation of 150-151 

Felony — disfranchises 3 

Fiscal Court — time of electing members « 88 

vacancy in membership — how filled 95 

Governor — time of election 85 

contest, election of 75 

vacancy in office — how filled 94 

Grand Jury — Charge to 152 

Hours of Electi©n 34 

Idiots— Disfranchised 3 

Illiterate persons — ma nner of voting 40 

Insane Persons — II C anchised 3 

Interfering with El i— penalty 149 

Jailer — time of elec 88 

vacancy in olii how filled 95 

Judge, Circuit— time i lection 87 

v icapcy in office — h ~>w filled 91 

Judge, County— time of election 88 

vacancy in office — how filled 98 



INDEX. 



Section 

Judge, Court of Appeals — time of election 89 

vacancy in office — how filled 91 

Justices of the Peace — time of election 88 

vacancy — how filled 96 

Lieutenant-Governor — time of election 85 

Limitation of Prosecutions 156 

Liquors, Sale on Election Day ... % 136 

local option , 157 

Officers of Election — appointment and qualification 71 

compensation 102 

definition of 6 

notice of appointment . 71 

oath to be taken by 72 

removal of 71 

sheriff to notify 71 

Voter may elect, when 72 

Officers not Otherwise Provided for— time of election of 89 

Petition, Nominating Candidate 11 

Penalties— Ballots— Printing— Selling 29 

defacing or marking 41 

destroying 134 

disclosing— how marked 132 

having out of room . .. . . 128 

wrongful removal of 128a 

ballot boxes — injury to 134 

booths — injury to . . 129 

bribery — punishment 147-148 

certificate — refusal to give 143 

electioneering near t polls 130 

employes — refusing time to vote 135 

false swearing 150-151 

interfering with election 149 

officers of election — refusing to obey 137 

violation of duty by 138-139-140 

canvassing board— acting corruptly 141 

personating voter 133 

poll books — destroying 142 

primary election — altering returns , 123 

primary election — offenses against 113 

registration book— altering 117-118 

registration— illegal 66 

registration — interfering with 6/ 

registration book — destroying 66a 

vote — receiving illegal 144 

voter ,not qualified .. . < .1*45-146 

Personating Voter — penalty <* . . . 133 

Poll Book, Altering— (penalty ,, 142 

Poll Tax— town election 6 



INDEX. 



Section 

Polls to Open and Close 34 

Precincts — Creation of — Altering 7-8 

Presidential Electors — Meeting of 104 

payment of 106 

vacancy — how filled ; 105 

Primary Election — defined Ill 

application of law 126 

ballots, printing of 125 

candidates' name on ballet 122 

challenger for 127 

committee may order 114 

vote counted by oath of 124 

expenses of — how paid 125 

manner of conducting . 112 

offenses against 113 

officers of election 121 

registration of voters 116 

books concerning 117-118 

returns of election to committee 123 

alteration— penalty 123 

tie vote — how decided 124 

voter — qualification of 115 

challenging vote 120 

Prisoners, Disfranchised 3 

Public Measure — how voted for 28 

Register of Land Office — time of election 85 

vacancy — how filled 91-92 

Registration — Officers of 50a-51 

additional registration 54 

aliens may register 55 

books — duty of clerk 52 

copies of book — custody 57 

delivery of books to officers 65 

challenges to voter 51 and 62 

clerk, county — compensation of 68 

compensation of officers 68 

may register persons — when 62 

county court may strike name from book 64 

doubtful voter — marking €4 

expenses — how paid 68 

officers of registration— duties 68 

penalty for false 63 

penalty for violation of law 66, 66a, 67 

precincts — removal from 60 

sickness — absence from 61 

special registration 58-59 

time to register % 53 

Residence of Voter — how determined 43, 45 



INDEX. 



Section 
Resignation — to whom tendered . . 99 

Representative at Polls— candidate may have 46 

School Election .- 10 158 

Seamen — when not to vote 4 

Secretary of State — duties concerning 12 

must furnish ballot paper 15 

time of election §5 

vacancy — how filled ; 91-92 

Senator, United States — election of 107 

certificate of election to no 

vacancy in office— how filled 108-109 

Sheriff s— duties of 26 

chairman county commissioners v0 

persons who may act in his place 26 

penalty for failing to perform duty .<■ 139 

time of election of 88 

vacancy — how filled 91-92 

Soldiers — when not to vote 4 

Stencils — furnished, how 30 

Superintendent of Public Instruction — time of election 85 

vacancy in office — how filled 91-92 

Superintendent of Schools— time of election ^88 

vacancy in office — how filled 91-92 

Surveyor — time of election 88 

vacancy — how filled 91-92 

Testimony to Convict Offenders 155 

Tie Vote — how determined by State Board 77 

in two or more counties 78 

presidential electors 77 

Towns in Two Counties 9 

Treasurer, State — time of election 85 

vacancy in office — how filled 91-92 

Voters — qualification of 3 

challenging — manner of 18, 42 

number of, in precinct 7 

residence — citizenship 43-44-45 

Vote, Counting of 20 

Voting for person not on ballot 14 

Writ of Election — when to issue .,,,,..,,., 92-U& 



KENTUCKY ELECTION LAWS. 



Compiled by the Secretary of State, with the aid 
and advice of the Attorney-General. 



FEBRUARY 15, 190L 



CHAPTER I. 

Article Section 

I. General Provisions . 1 

II. Precincts , 7 

III. Ballots, Etc 10 

IV. Registration , 50 

V. Commissioner, State and County, Election Office • Etc 69 

VI. Time of Holding Election 84 

VII. Vacancies, How Filled 90 

VIII. General Assembly, Contest Board 100 

IX. Compensation of Officers 101 

X. Election of President 104 

XI. United States Senator, How Elected 107 

XII. Primary Elections Ill 

XIII. Frauds in Election, Etc 128 

XIV. Local Option 152 

XV. School Elections 153 



ARTICLE I. 

General Provisions. 



S 1. MEANING OP THE WORD ELECTION.— When- constitution. 

sec. 147* Gen. 

ever in this chapter the word "election," or an equivalent ex- stat., chap 33, 

art 1 sec 1 

pression, is used in reference to a State, district, county or 

§ 1. ELECTION— MEANING OP TERM. tradistinctlon to the appointment by some 

—The word "election," in its constitutional single person or officer. Police Com'rs v. 

sense Is used to designate a selection by City of Louisville, 3 Bush, 597; Speed v. 

the popular voice of a district, county, town Crawford, 3 Met., 207. 
or city, or by some organized body, In con- 



io 



KENTUCKY ELECTION LAWS. 



Gen. Stat., 
chap. 33, art. 1, 
sec. 2. 



Constitution, 
sec. 145. 



Constitution, 
sec. 146. 



municipal election, it shall be deemed to include the decision 
of questions submitted to the qualified voters as well as the 
choice of officers by them. 

§ 2. POWERS OF SHERIFF, DEPUTIES AND ACTING 
OFFICERS. — Whenever a duty is imposed upon or a power 
confided to a sheriff in reference to an election, the same shall 
apply to any other officer or person acting as such concern- 
ing an election, and to the deputies of the sheriff, such other 
officer or person, in the same manner as if the duty were im- 
posed upon or the power confided expressly t® such other 
officer, person or deputies, except that, in canvassing the re- 
turns or giving the casting vote in the election of a county 
judge to fill a vacancy, no deputy shall act without the ex- 
press written authority of the principal. 

§ 3. QUALIFICATION OF VOTERS.— Every male citi- 
zen of the United States of the age of tweaty-one years, who 
has resided in the State one year, and in the county six 
months, and in the precinct in which he offers to vote sixty 
days next preceding the election, is a voter in said precinct 
and not elsewhere; but the following persons are excepted, 
and shall not have the right to vote. (See Con., sec. 145.) 

1. Persons convicted in any court of competent jurisdiction 
of treason or felony or bribery in an election, or of "such high 
misdemeanor as the General Assembly may declare, shall 
operate as an exclusion from the right of suffrage; but per- 
sons hereby excluded may be restored to their civil rights 
by executive pardon. (Con., sec. 150.) 

2. Persons who, at the time of the election, are in confine- 
ment under the judgment of a court for some penal offense. 

3. Idiots and insane persons. (See U. S. naturalization 
law, page 32, Ky. Stat.) 

§ 4. SOLDIERS, SEAMEN AND MARINES— NOT 
DEEMED RESIDENTS.— No person in the military, naval or 
marine service of the United States shall be deemed a resi- 



§ 3. (1) NATURALIZATION.— A person 
of foreign birth, who made his declara- 
tion of intention to become a citizen in 1870. 
and had resided in the State and exercised 
without question the right of suffrage, was 
held entitled to vote in 1890, although no 
order admitting him to citizenship was ever 
made. Cowan v. Prowse, 93 Ky., 156; and 
see Morgan v. Dudley, 18 B. M., 693. 



(2) PERSONS DISFRANCHISED BY 
CRIME.— Under Constitution of 1849, per- 
sons convicted of bribery, perjury, forgery, 
or other crimes or high misdemeanors, were 
excluded from the right of suffrage. An- 
derson v. Winfree, 85 Ky., 597; Cowan v. 
Prowse, 93 Ky., 156; but, under present 
Constitution, persons convicted of any fel- 
ony are excluded. Con., sec. 145. 



KENTUCKY ELECTION LAWS. 11 

dent of this State by reason of being stationed within the 
same; nor shall any such soldier, seamen or marine have the 
right to vote. 

§ 5. MUNICIPAL ELECTIONS— PAYMENT OF POLL- Act isrc. 
TAX. — At all municipal elections, where the charter of a 
municipality requires the payment of a poll-tax as a prerequi- 
site to vote, the payment of said tax shall be a condition pre- 
cedent to said right. 

§ 6. DEFINITION OF "OFFICERS OF ELECTION."— Gen. stat,, 
"Officer of election," as used in this chapter, means a judge, sec. 
clerk or sheriff, or persons acting as sheriff at an election, also 
a member of the board for canvassing the returns. 

ARTICLE II. 
Precincts. 

§ 7.— ELECTION PRECINCTS— NUMBER OF VOTERS G en. stat., 
IN— REDIVISION— CHANGE OF VOTING PLACE,— The gjg' ft**" % 
county court of each county in this State shall, on or before 
the August term of said courts, divide the justices' districts 
of each of said counties into election precincts, and establish 
the name or number and boundaries of same, and place of vot- 
ing in each precinct. There shall be but one voting place in a 
precinct. Each precinct shall contain, as nearly as prac- 
ticable, three hundred voters, based on the number of votes 
cast at the last election for Presidential electors; but no pre- 
cinct shall contain more than three hundred and fifty voters 
If at any election hereafter more than three hundred and 
fifty votes shall be cast at any voting place, it shall be the 
duty of the sheriff of the election in such precinct to report 
the same to the county court, which shall, at its next regular 
term, divide such precinct as equally as possible, so that the 
new precincts formed thereof shall each contain three hun- 
dred voters, as nearly as practicable. If for any good cause, 
an election can not be held at the house appointed as the 
place of voting, the judges of the election may, on the morn- 
ing of the election, adjourn it to the most convenient place, 
after having publicly proclaimed the change and posted notice 
of the same on said house. 



12 KENTUCKY ELECTION LAWS. 

Gen. stat., § 8. POWER OF COUNTY COURT TO CHANGE BOUN- 
chap 3 33, art. 2, DARIEg QR DIVIDE PRECINCTS.— The County Court of 

any county may change the boundaries of any precinct with- 
in such county, or divide any precinct into two or more pre- 
cincts, or consolidate two or more precincts into one, or 
change any place of holding elections whenever public con- 
venience or the public good may require it: Provided, That 
no such change, divison or consolidation .shall be made after 
the June term of each court next preceding an election: 

And provided further, That no such change, division, or 
consolidation shall be valid without giving due notice, at least 
one month before any election, by one publication in the 
newspaper published in said county having the largest circu- 
lation therein, or by posters put up in four of the most pub- 
lic places in said precinct: And provided further, That no 
precinct shall be enlarged so as to contain more than three 
hundred and fifty voters. 

Act March § 9 - TOWNS OR CITIES WITH CORPORATE LIMITS 
is, 1894. i N SEVERAL COUNTIES— BALLOTS— MODE OP CON- 

DUCTING AND CERTIFYING ELECTION.— In any town 
or city of of the fifth or sixth class, where corporate limits 
include parts of two or more counties, the clerk of the county 
court of each of such counties, in addition to the ballots pre- 
pared for the State, county, district or precinct elections, 
shall prepare a ballot-book of similar form and requisites, 
for the use of voters who reside in that part of such town 
or city that lies in his county, at every election at which mu- 
nicipal officers for such town or city are required to be 
chosen, or at which any question is to be submitted to the vo- 
ters of such town or city. Only the names of such persons 
as are candidates for municipal offices in such town or city, 
or questions submitted to the voters of such town or city, 
shall be placed or printed on said ballots, and then only in 
conformity with, and in pursuance of, the regulations of this 
chapter, or other laws relating to the preparation of ballots 
and applicable to the election at which they are to be used. 
The officers of the election of the county precinct embracing 

§ 8. CHANGING PRECINCT LINES.— another without making any change In the 

The court may change the boundary of vot- boundary of the precincts. Cowan t. 

Ing precincts, but can not change the vot- Prowae, 93 Ky.. 156. 
lng place of a citizen from one precinct to 



KENTUCKY ELECTION LAWS. 



13 



a part of the territory within the corporate limits of such 
town or city, in addition to the ballots for State, county, 
district or precinct, shall furnish to each voter residing in 
such town or city, and entitled to vote at the precinct for 
municipal officers, or upon a municipal question submitted 
to the voters of such town or city, a ballot prepared as here- 
in provided for such municipal election, which ballot the vo- 
ter will mark and fold in the same manner and at the same 
time, and deliver to the proper officer of the election in the 
same manner and at the same time as is required in respect 
to the State, county, district or precinct ballots, and the 
same shall be deposited by the officer in the ballot box with 
the other ballots. The officers of the election shall count 
and dispose of such municipal ballots at the same time, 
and shall certify and return the result thereof in the same 
manner as of the other ballots. It shall be the duty of the 
canvassing board of elections of the respective counties em- 
bracing parts of such town or city, to make duplicate written 
certificates over their signatures of the number of votes 
given in the county for municipal officers, or upon questions 
submitted to the voters of such town or city, one copy to be 
retained in the clerk's office of such county, and the other to 
be sent immediately by mail by said canvassing board to the 
canvassing board of the county, embracing a part of such 
town or city having the largest population, which last named 
board shall, between the hours of ten and twelve o'clock 
in the morning of the first Tuesday after the election, meet 
in the clerk's office of their county, compare the certificates 
of the canvassing boards of the several counties, and there- 
from give triplicate certificates of election, in writing, over 
their signatures, of the persons who appear to have re- 
ceived the highest number of votes for offices of such town or 
city, one copy of the certificate to be retained in the clerk's 
office, another delivered to the clerk of the board of council 
of such town or city, and the other forwarded to the Secre- 
tary of State. The certificate of the votes on any question 
submitted to the voters of such town or city shall be deliv- 
ered as provided by the law or ordinance under which the 
vote was taken. Such town or city shall pay the expense^ 
of preparing the ballots for such municipal election. 



14 



KENTUCKY ELECTION LAWS. 



ARTICLE III. 



Ballots. 



Constitution, 
sec. 147. 



Regulating 
elections. 



§ 10. SECRET BALLOT, EXCEPT IN SCHOOL ELEC- 
TIONS. — In all elections hereafter held in this State on any 
subject which may by law be submitted to a vote of the peo- 
ple, and for all or any State, district, county or municipal 
officers, except school trustees and other common school 
district elections, the voting shall be by secret official bal- 
lots, printed and distributed as hereinafter provided, and no 
other ballots shall be used. (Election of School Trustees, 
sec. 153.) 

§ 11. The county clerk of each county shall cause to be print- 
ed on the respective ballots the name of the candidates nomi- 
nated by the convention or primary election of any party that 
cast two per cent, of the total vote of the State at the last pre- 
ceding general election, as certified to the said clerk by the 
presiding officer and secretary of said convention, or in the 
case of a primary election by the secretary and chairman of 
any district committee; and also the names of any candidates 
for any office, when petitioned so to do by electors qualified 
Number of p«-to vote f or such candidates, as follows : For a State officer, 

tltions requlr- _ _ , _, ,, . »,,«,, 

ed. or any officer for whom all the electors of the State are enti- 

tled to vote, one thousand petitioners; for a Representative 
in Congress from any congressional district, or any other dis- 
trict except as herein provided, four hundred petitioners; 
for a county officer or member of the General Assembly, one 
hundred petitioners; for an officer of a precinct, or any other 
ward, or other division less than a county, twenty petitioners. 
The signatures of such petition need not be appended to one 
paper, but no petitioner shall be counted except his residence 
and postoffice address be designated. Such petition shall 
state the name and residence of each of such candidates; that 
he is legally qualified to hold such office; that the subscribers 
desire, and are legally qualified, to vote for such candidate; 



Act 1900. 



§ 10. (1) SECRET BALLOT.-Voter Is 
not competent witness to testify how he 
voted. Com. v. Barry, 98 Ky., 394, and 
this rule applies to contested election cases 
as well a« prosecutions for violation of 



election laws. Major v. Barker. 99 Ky.,305. 
(2) SCHOOL TRUSTEES and the board 
of education in cities of the fourth class 
must be elected by a viva-voce vote. Moss 
v. Riley. 19 R.. 993. 



Certificate. 



KENTUCKY ELECTION LAWS. 15 

and shall designate a brief name or title of the party or prin- 
ciple which said candidates represent, together with any sim- 
ple figure or device by which they shall be designated on 
the ballot. The certificate of nomination by a convention 
or primary election shall be in writing, and shall contain the 
name of each person nominated, his residence and the office 
to which he is nominated, and shall designate a title for the 
party or principle which such convention or primary election 
represents, together with any simple figure or device by 
which its list of candidates may be designated on the ballots; vIc ^ gure or de " 
said certificate shall be signed by the presiding officer and sec- 
retary of such convention, or by the chairman and secretary 
of the county, city or district committee, who shall add to 
their signatures their respective places of residence, and ac- 
knowledge the same before an officer duly authorized to ad- 
minister oaths. If the certificate of nomination of any State 
Convention shall request that the figure or device selected by 
such convention be used to designate the candidates of such 
party on the ballots for all elections throughout the State 
such figure or device shall be used until changed by request of 
a subsequent State convention of the same party. Such dev- 
ice may be any appropriate symbol; but the coat of arms or 
seal of the State, or of the United States, the National flag, 
or any other emblem common to the people at large, shall 
not be used as such device. A certificate of such acknowl- di d|? e th ° f can 
edgment shall be appended to such instrument. In case of 
death, resignation or removal of any candidate subsequent to 
nomination, unless a supplemental certificate or petition of 
nomination be filed, the chairman of the State, county or city 
district committee shall fill such vacancy. Certificates and 
petitions of nominations of candidates for all offices to be 
filled by the electors of a county, or a division or district of an vacancy. 
the county, shall be filed with the county court clerk: Pro- 
vided, however, That if any political party entitled to nomi- 
nate by convention shall in any case fail to do so, the names of 
all nominees by petition for any office who shall be designated 
in their petition as members of, and candidates of, such party, 
shall be printed under the device and title on the ballots as 
if nominated by a convention. Certificates and petitions of 
nomination of candidates for offices to be voted for by the 
electors of the State, other than members of the General As- 



16 



KENTUCKY ELECTION LAWS. 



sembly, or of any division or district of the State exclusively, 
shall be filed with the Secretary of State. In the event two or 
more persons who have filed certificates of nomination with 
the said Secretary of State or county clerk shall claim to be 
the nominee of the same political party the governing author- 
ity of said political party shall designate, in writing, to said 
Secretary of State and county court clerk which of said can- 
didates shall be entitled to the party emblem: Provided, how- 
ever, If there be two or more contending executive commit- 
ex^Stf^'com- * ees °^ * ne same party in the county or district, then that 
county or district executive committee which is recognized 
by the State governing authority of such party, by the writ- 
ten certificate of the chairman thereof, shall be recognized by 
the county court clerk and Secretary of State. 

§ 12. Not less than twenty days before the election of such 
officers as are required to file their certificate of nomination 



ndttees. 



Act 1900. 



secretary of with the Secretary of State, said Secretary of State shall cer- 

State shall cer- _, , ,_ /. , _ • . - 

tify to clerks, tify to the respective county court clerks of the various coun- 
ties which are entitled under the law to participate in the 
election of the respective candidates, the name and place of 
residence of each candidate for each respective office, as speci- 
fied in the certificates and petitions of nomination filed with 
him, and shall designate therein, subject to the provisions of 
this act, the device under which the group or list of candi- 
dates, or candidate, of each party shall be printed, in the or- 
der in which they shall be arranged on the ballot: Provided, 
however, Should a vacancy occur in the General Assembly 
and a writ of election issued to fill said vacancy, the petition 
or certificate of nomination may be filed ten days before the 
day of election, and if filed with the Secretary of State shall 
be immediately certified to the proper county court clerks. 
No writ for the election of a member of the General Assembly 
shall be issued, except so as to enable the sheriff to give no- 
tice thereof, as now provided by law, at least fifteen days be- 
fore the day of election. 

§ 13. If the county court clerk shall willfully and knowingly 

refuse or fail to have the name of any candidate printed upon 

the official ballot in the manner provided for in this act he 

connty re cierk to shall forfeit his office and be guilty of a felony, and, upon con- 

penaTty. duty ~ miction, be confined in the penitentiary for not less than one 

year nor more than three years. 



Vacancy In 
General As- 
sembly. 



Act 1900. 



KENTUCKY ELECTION LAWS. 1? 



§ 13a. CERTIFICATES AND PETITIONS PRESERVED. 
— The Secretary of State and county clerks shall cause to be 
preserved in their respective offices all certificates and peti- 
tions of nomination filed therein under the provisions of this 
act for six months after the election for which such nomina- 
tions were made. 

§13b. CERTIFICATES AND PETITIONS TO BE 
FILED BEFORE ELECTION.— Certificates and petitions of 
nomination filed with the Secretary of State shall be filed 
not more than sixty days, and not less than thirty days, 
before the day fixed by law for the election of the persons in 
nomination. Certificates and petitions of nomination here- 
in directed to be filed with the clerk of a county shall be filed 
not more than sixty and not less than fifteen days before 
election. 

§ 14. The county court clerks of the several counties shall Duty of coun . 
cause the names of all candidates of their respective jurisdic- Jjve^uamea 
tions, where nominations for any office specified in the ballot printed, 
have been duly made and not withdrawn, in accordance here- 
with, to be printed on one ballot all nominations of any party 
or group of petitioners, as designated by them in their cer- 
tificate or petition; or if none be designated, under some 
suitable title and device. If the same device for designating 
candidates be selected by two parties or groups of petitioners 
it shall be given to the one which first selected it, and the 
clerk shall select a suitable device for the other. The ar- Arrangement 

of ballot. 

rangement of the ballot shall in general conform, as nearly 
as practicable, to the plan hereinafter given, and the devices 
named and lists of the candidates of the various parties shall 
be printed in parallel columns, in such order as the Secretary 
of State may direct, precedence, however, being given to the 
party which polled the higher number of votes for the head 
of the ticket in the last preceding election. The device of 
each party shall be placed at the head of the list of candidates 
of the party. The device shall not be enclosed in a square, 
but immediately under the device shall be placed a circle of 
one inch in diameter. Immediately under it shall be placed 
the name or title of the party ticket, and immediately under 
the name or title the list of candidates of the party, the name 
of each candidate having immediately on its right a small 
Ajuare large enough to contain the cross mark by which the 



DctUm, 



18 



KENTUCKY ELECTION LAWS. 



voter is required to designate his vote. Underneath the 

name of each candidate shall be left a blank space large 

enough to contain a written name; and the general arrange- 

Act 1900. ment shall conform as nearly as possible to the following: 

Name of voter Consecutive number 

Residence 






DEMOCRATIC PARTY, 

For Governor— 



WM. GOEBEL 



For Lieutenant Governor 
J. O. W. BECKHAM 




REPUBLICAN PARTY. 

For Governor — 



■a- 

; a 

rnor— 

a 

□ 



S.TAYLOR. 



a 
a 



For Lieutenant Governor- 
JOHN MARSHALL. 




PEOPLE'S PARTY. 

For Governor— 



JOHN G.BLAIR. 



For Lieutenant Governor 



□ 
□ 

•nor— 

□ 

D 



Manner of 
voting. 



(And continuing in like manner as to all candidates to be 
voted for at such elections.) 

Name of voter Consecutive number 

The secondary stub shall be on the end of the ballot oppo- 
site to that of the several party devices. 

On the back shall be printed "official ballot," the date of the 
election and facsimile of the signature of the clerk who has 



Kentucky election laws. 19 

caused the ballot to be printed. Should any elector desire 
to vote for each and every candidate of one party he shall 
make a cross mark (X) in the circle under the device of said 
party, and the vote shall be counted for all the candidates 
under said device: Provided, however, If a cross mark (X) 
be made in the circle under a party device and a cross mark 
(X) be also made after one or more candidates of a different 
party, or parties, the vote shall be counted for the candidates 
so marked, and not for the candidates for the same offices of 
the party so marked, but the vote shall be counted for the 
other candidates of said party. 

§ 15. All ballots shall be printed on plain white paper, suffi- 
ciently thick that the printing cannot be distinguished from Paper-quai- 
the back, which paper shall be of number one white book pa- y ° ' 
per, and when 26 by 40 inches shall weigh 80 pounds to the 
ream, or if double cap 40 pounds to the ream; and, except in 
elections for a municipal office, shall be furnished to the 
county court clerk by the Secretary of State, and it shall be 
the duty of the county court clerk to notify the Secretary of 
State thirty days before the day of election of the size and the 
number of ballots which shall be necessary for said county, 
estimating fifty per cent, more to the precinct than there 
were ballots cast at the last preceding State election, and the 
Secretary of State shall furnish the paper as herein provided 
within ten days after said notification by the county court state* t^^carn' 
clerk. If upon any ticket there be no candidate or candidates ish - 
for a designated office a blank space equal to the space that 
would be occupied by such name or names, if they were print- 
ed thereon, with the blank spaces herein provided for, shall 
be left. Should the Secretary of State fail or refuse to so fur- 
nish said paper for the ballots he shall be guiity of a misde- 
meanor, and upon trial and conviction by indictment in the 
Franklin Circuit Court be fined not less than one thousand 
(f 1,000) dollars and not more than five thousand ($5,000) dol- Penalty. 
lars, in the discretion of the jury. 

Provided, That in the year 1900 the notice herein provided 
for to be given to the Secretary of State by the county court 
clerk, shall not be given, but immediately after the passage Exception for 
of this act and at least fifteen (15) days before the day of the im 
next ensuing election the Secretary of State shall furnish to 
the various county court clerks the paper upon which the bal- 



20 



Kentucky election laws. 



lots shall be printed, which shall be of the quality as herein 
Act 1900. provided, and each county shall be furnished fifty per cent, 
more ballots than were cast in the respective counties at the 
last preceding State election. 

Provided, however, That the clerks of the various coun- 
ties of the State shall furnish the paper of the kind and 
weight as herein provided for the ballots, in the year nine- 
teen hundred if the Secretary of State does not furnish same 
twelve (12) days before the day of the next ensuing election. 

Said clerk shall be subject to the same penalties prescribed 
for failure to print on paper furnished by the Secretary of 
State, if he fails to have ballots printed on the kind and qual- 
ity of paper as set out herein. 

§ 16. If any county court clerk shall refuse or fail to have 
county cierk. ballots, which are herein required to be printed on paper fur- 
nished by the Secretary of State, printed upon paper so fur- 
nished by said Secretary, he shall be fined five hundred dol- 
lars, or imprisoned in the county jail for six months, or both 
so fined and imprisoned. 

§ 17. If any election officer at any precinct shall refuse to 
permit any challenger or inspector of any regular political 
party having a ticket to be voted for at the election, who has 
been duly appointed and presents a certificate thereof duly 
attested, to perform his duties as challenger or inspector, 
as the case may be, he shall be fined not less than fifty nor 
more than five hundred dollars. 

§ 18. The officer who furnishes the ballots to the election 
officers of the precincts shall, at the time he delivers said bal- 
lots, furnish to the election officers aforesaid a number of 
copies of the following oath, equal to five per cent, of the bal- 
lots furnished said precinct, which shall be printed on paper 
suitable for writing with ink, to-wit: 



Act 1900. 



Penalty. 



Election of- 
ficer. 



Act 1900. 



Penalty. 



Oath to W 

furnished. 



Act ISA 



State of Kentucky, 



ss. 



County of 

"I do solemnly swear that I am of the age of not less than 
twenty-one years; that I have resided in the State of Ken- 
tucky one year and in the county of six monthi, 

and in precinct No sixty days next preceding the 



KENTUCKY ELECTION LAWS. 



21 



election, A. D. 19 I reside at No street (if said 

person claims to reside in a city.) My two nearest neighbors oath. 

are , and that I have never been convicted in 

any court of treason, or of any felony or bribery and not par- 
doned therefor, and that I know of no legal disqualification 
which should prevent my vote from being cast and counted at 
this election. 

"This the. . . .day of , A. D., 19. . . . 



"Subscribed and sworn to before me this the.... day of 
, A. D., 19.... 



"Judge of the Election." 

Whenever the officers of election disagree as to the quali- 
fication of any one who offers to vote, one of the judges of the DIsagreemen t 
election shall administer the oath prescribed in the form set as to voter - 
out in this section, and shall correctly fill out with ink the 
blanks in, and require the person offering to vote to subscribe 
his name thereto, with pen and ink, and upon his failure or 
refusal to take said oath and to subscribe his name thereto 
the person so offering to vote shall not be permitted to vot^. 

If the person offering does take said oath and subscribe 
his name thereto and no counter affidavit is filed, he shall be Affidavits re- 
permitted to vote, and one of the judges shall certify the * ttr ng voters * 
same, and the oath so subscribed and certified shall be re- 
turned to the county clerk of the county with the poll books, 
who shall safely keep the same and shall deliver the same to 
the foreman of the grand jury on the first day of the next term 
of circuit court held in said county, and for his failure to do 
so he shall be fined not less than ten nor more than one hun- 
dred dollars. 

It shall be the duty of the Commonwealth's attorney and 
county attorney to investigate each of these certificates and 
cause to be summoned before the grand jury such witnesses 
as they, or either of them, shall determine proper, and it shall W eai?b?At"tor- 
be the duty of the grand jury to make a thorough investiga- gat e . t0 InvestI * 
tion of all votes so cast, anc| return indictments against all 
persons so illegally voting, 



22 



KENTUCKY ELECTION LAWS. 



Foreman of 
grand jury- 
duty of. 



Election of- 
ficer. 



Penalty. 



Stubs and 
ballots. 



Any person who shall falsely take the oath prescribed in 
Penalty. this section, or shall subscribe his name to the oath therein 
prescribed, if said oath shall be false and untrue as to any 
statement therein, shall be deemed guilty of felony, and shall 
on conviction, be confined in the penitentiary not less than 
two nor more than ten years. 

It shall be the duty of the foreman of the grand jury to re- 
turn all the certificates upon which no indictments shall be 
found to the county court clerk, who shall safely keep the same 
as a part of the records of the office, and shall produce them, 
or any of them, when required, to any subsequent grand jury. 

Any election officer who shall fail or refuse to perform any 
of the duties imposed by this section shall, upon conviction, 
be fined not less than fifty nor more than two hundred and 
fifty dollars, or be confined in the county jail not less than 
thirty days nor more than six months, or be both fined and 
imprisoned, in the discretion of the jury. 

§ 19. It shall be the duty of the county court clerk to cause 
to be printed, bound and ready for distribution, one book of 
stubs and ballots for each voting precinct in his county, and 
shall furnish fifty per cent, more ballots for each precinct 
than there were votes cast in said precinct at the last State or 
National election. He shall also have made for each voting 
precinct in his county one metal stamp at least one inch in 
diameter, which shall be known as the county election seal. 
It shall have upon it the word "election" straight across the 
center; the name of his county around the circle inside the rim 
above the word "election," and the name of the precinct for 
which it is made around the circle inside the rim below the 
word "election," together with one stick of best sealing wax, 
such as is used by the United States Government and by ex- 
press companies for sealing packages containing money. He 
shall also have made for each precinct in his county one ad- 
justable linen envelope sufficiently large to hold all the bal- 
lots that may be voted at such precinct, with a gummed seal 
on the back thereof, and a place on the point of the seal for 
the county election seal. He shall also have made one linen 
envelope for the purpose of holding the tally sheet, with a 
gummed seal on the back thereof, and a place on the point 
of the seal for the county election seal. He shall also have 
made one adjustable linen envelope sufficiently large to hold 
all the ballots of which there is any doubt or difference of 
opinion in the minds of the judges concerning their legality 



Metal stamp. 



Linen envel- 
opes. 



Act 1900. 



KENTUCKY ELECTION LAWS. 



23 



or regularity. He shall deliver said ballot book and ballots, 
together with the election seal for the different precincts and 
the two large and one small linen envelopes for holding the 
ballots and tally sheet, and all necessary black ink stencils, 
sample ballots and cards of instruction as herein provided, 
to the clerks of such precincts and take their receipts for the stencils, 
same. One of such ink stencils shall be safely placed in the 
booth, the other preserved by the clerk, to be used in case any 
are lost, stolen or destroyed. Should any person steal or wil- 
fully destroy either of said stencils, or any of the election 
supplies required to be furnished herewith, he shall, upon con- 
viction, be fined not less than fifty dollars nor more than two 
hundred dollars, and be confined in the county jail not less 
than one nor more than six months. 

§ 20. As soon as the polls are closed on the day of the elec- 
tion, and without adjournment or separation of the officers, cl ^^ r polls 
they shall, in the voting room, open the ballot box and imme- 
diately count the ballots and make a tally sheet of the count. 
When the result of the ballot is ascertained it shall be imme- 
diately announced by one of the judges in front of the voting 
room. All of the ballots which have been counted, and over 
which there is no question of regularity, shall consecutively 
be placed on a string, to be furnished by the county court 
clerk, as near as possible in the middle of the ballot, and 
when the count is completed the ballots so strung shall be 
wrapped twice around each way with the string upon which 
the ballots are strung, and tied in a hard bow knot, and the 
knot shall then be sealed with sealing wax and stamped with 
the county election seal by the judges of the election, in the 
presence of the clerk and sheriff, while the wax is hot, so as 
that the impression of the county election seal can be plainly 
read: Provided, That if there are any ballots cast and count- 
ed or left uncounted, concerning the legality or regularity i ts° ubt u bal 
of which there is any doubt or difference of opinion in the 
minds of the judges of the election, said ballots shall be placed 
in the large linen envelope furnished by the county clerk for 
that purpose and sealed up, and across the seal thereof the 
officers of the election shall plainly write their names, and at 
the point of the seal indicated for that purpose the judges 
of the election shall, in the presence of the clerk and sheriff, 
place the county election seal in hot wax, as above described, 



Act 1900. 



24 Kentucky election laws. 

so that it can be plainly read, and the same shall be returned 
to the clerk of the county court with the returns of the elec- 
tion, for such judicial or other investigation as may be nec- 
essary, with a true statement as to whether they have or have 
not been counted, and if counted what part and for whom. 
The tally sheet shall be placed in the linen envelope furnished 
for that purpose and sealed up separately, and across the 
seal thereof the judges of the election shall plainly write their 
names, and at the point of the seal indicated for that purpose, 
the judges of the election shall, in the presence of the clerk 
and the sheriff, place, with wax, as above required, the county 
election seal. After the certificates have been prepared and 
signed, and delivered as required by law, by the officers of the 
vdopes^etc. election J * nen the ballots that have been counted and tied and 
sealed, as above required, (and none other), together with the 
tally sheet, after it has been stamped and sealed, as above re- 
quired, shall all be placed in the large adjustable linen envel- 
ope prepared and furnished for that purpose, then the said 
envelope shall be sealed and across the seal thereof the offi- 
cers of the election shall each write his name in a plain and 
legible hand and the judges shall, in the presence of the clerk 
and sheriff, at the point on the seal of said envelope indicated 
for that purpose, place the county election seal in hot wax, 
as above described, so that it can be plainly read, and the en- 
velope so sealed shall then be placed in the ballot box and se- 
curely locked with the two locks hereinbefore required to be 
furnished, and the keys to said ballot box and the county elec- 
To be locked, tion seal shall then be placed in the possession of the judge 
of the opposite political faith to that of the sheriff of elec- 
tion, and the sheriff of the election shall then take possession 
of said ballot box containing the ballots and tally sheet, and 
also take possession of the stub books containing the cer- 
tificate of election and the envelopes containing the spoiled 
and mutilated and uncounted and questioned ballots. And 

Compensation 

for returning the judge of election holding the keys to the ballot box and 
county election seal shall go with and accompany the sheriff 
of election within two days thereafter, for which he shall re- 
ceive the same compensation as the sheriff of election now re- 
ceives by law for delivering the poll books and election re- 
turns to the county court clerk's office, and shall in the pres- 
ence of each other, deliver to the county court clerk the ballot 



KENTUCKY ELECTION LAWS. 25 

box and the poll books, certificates, and the envelope contain- 
ing the spoiled, mutilated and questioned ballots, and the 
keys to the ballot box together with county election seal, and 
the county court clerk shall then and there, in the presence Act isoo. 
of the said sheriff and judge, unlock the ballot box and ascer- 
tain if the package containing the ballots and tally sheet w 
properly sealed, according to the requirements herein, and if 
it is he shall then issue his receipt in duplicate for said ballot 
box and ballots, one to the sheriff and one to the judge, which 
shall be in form as follows, or as near as can be to conform to 
the facts : 



FORM OF RECEIPT. 

Received of , sheriff of election for 

precinct, the ballot box, and of , judge of 

the election of said precinct, the keys to said ballot box and 
the county election seal for said precinct. I hereby certify 
that I find upon examination, in the presence of said officers, 
that the package in said box is properly sealed and stamped, 
according to law; that I have replaced said package in said 
ballot box and relocked the same, and delivered to each of 
them a key to said ballot box, and to the judge of the election, 
the county seal of election, and taken their receipt for same. 

The clerk, after having satisfied himself as to the condi- 
tion of said ballots, shall again replace said ballots in the bal- 
lot box and relock said box in the presence of the judge and t mi£e tmHota" 
sheriff, and then and there deliver to each of them a key to 
said box, and the seal of election to the judge who gave it to 
him, and take their receipt therefor. The form of receipt 
shall be, as near as can be to conform with the facts, as 
follows: 



ftecelpt. 



Received of , clerk of county court, 

one key each to the ballot box that has been delivered to 

him this day , by , sheriff of election in 

. . . .precinct, county, Kentucky, after having first 

seen him unlock said ballot box and examine the package 
therein, and finding it to be sealed and stamped according to 
law, and that we saw him replace said package in said ballot 



Acts J90O. 



Receipt. 



26 



KENTUCKY ELECTION LAWS. 



box and relock the same, and , judge of election, 

hereby acknowledges receipt of the county election seal for 
his precinct this day of , 1900. 

Judge of Precinct. 

Sheriff of Precinct. 



Keys retain- The judge and sheriff shall retain said keys for the period of 
and b sheriff! 6 six months, at which time, if there has not been a contest 
filed, then they shall deliver said keys to the county court 
clerk, together with the county election seal, and it shall be 
his duty to destroy said ballots: Provided, however, If there 
be a contest filed then the judge and sheriff of the different 
precincts, who hold the keys to the ballot box of their respect- 
of keys in case ive precincts, shall, upon notice of the filing of the contest, 
deliver the keys to the judge of the court having jurisdic- 
tion to try the contest, and the officer so holding the county 
election seal shall then deliver the same to the county court 
clerk. 



Acts 1900. 



Unused bal- 
lots. 



Acts 1900. 



Penalty for 
Improper cer- 
tificate, etc. 



Acts 1900. 



Penalty for 
allowing bal- 
lot box to be 
tampered with. 



§ 21. At the close of the polls and before the ballot box is 
open, the officers of election shall count the remaining bal- 
lots that have not been used and tear them from the book 
and destroy them by burning, and in their certificate of the 
result of the election they shall certify how many ballots 
-were not used and destroyed. 

§ 22. Any officer of the election who shall knowingly and 
wilfully give or certify to an improper certificate of the elec- 
tion as herein required, or shall mutilate cm tamper with any 
of the seals, or destroy or remove any of the ballots required 
to be preserved herein, shall be guilty of felony, and upon con- 
viction thereof shall be confined in the penitentiary for a 
period of not less than one nor more than three years. 

§ 23. Any county court clerk who shall knowingly and wil- 
fully unlock or break open and remove or destroy, or in any 
way tamper with a ballot box and ballots left in his care and 
custody, or permit any other person to do so during the period 
of six months which they are so required to remain in his 
office, or until they are removed from his office by order of the 



KENTUCKY ELECTION LAWS. 27 

court hearing any contest, shall forfeit his office and be deem- 
ed guilty of a felony, and upon conviction thereof shall be con- 
fined in the penitentiary not less than one nor more than 
three years. 

§ 24. Any person or persons who shall in any way remove, 
mutilate or destroy, or add any new ballots to, the regular ad ^Sg 11: new r 
ballots that have been counted and prepared for preservation, ballots. 
or have already been preserved, as required herein, so that the 
result of the election in such precinct or county is changed 
thereby, shall, upon conviction, be deemed guilty of a felony 
and confined in the penitentiary for not less than one nor Acts 1900. 
more than three years. 

§ 25. Any person or persons who shall unlawfully attempt 
to prevent, or prevent any voter from casting his ballot, or Penalty for 
shall attempt to, or intimidate, any person or voter so as to ™Vers? ating 
prevent him from casting his ballot, or who shall unlawfully 
interfere with the officers of election in the discharge of their 
duties as such, shall be deemed guilty of a felony and, upon 
conviction, be confined in the penitentiary for a period of 
years, of not less than one nor more than five years, for each 
offense. The fact that the person or persons so offending may 
be an officer or officers of the Federal government, or of the 
State or any district, county, town or city thereof, or of elec 
tion, shall not relieve them of the responsibility or penalty for 
the violation of this section. 

§ 26. VACANCY IN OFFICE OF SHERIFF OR DIS- 

5 Gen. Stat., 

ABILITY— WHO TO ACT.— If the office of sheriff is vacant, chap. 33, art. 2, 
or if the sheriff, or his deputy, is a candidate at any election, 
all his duties pertaining to that election shall be performed 
by the coroner and such deputies as he may appoint for that 
purpose. If th£ coroner is absent, or his office vacant, or 
he is a candidate, then such duties of the sheriff shall be per- 
formed by some person appointed for that purpose by the 
presiding judge of the county court, and the deputies of such 
person. 

§ 27. BALLOTS, PRINTING AND DELIVERY— HOW 
PAID FOR. — The printing and delivery of the ballots and 
cards of instruction to voters heeinafter described shall, in 
municipal elections, be paid for by the several cities respect- 



Act 1892. 



28 



KENTUCKY ELECTION LAWS. 



ivelj; and in all other elections the printing of the ballots 
and cards of instructions for the voters in each county, and 
the delivery of them to the several voting precincts, shall be 
paid for by the several counties respectively. 



Act 1892. 



§ 28. PUBLIC MEASURES — CONSTITUTIONAL 
AMENDMENT— HOW VOTED FOR.— Whenever a consti- 
tional amendment or other public measure is proposed to 
be voted upon by the people, the substance of such amend- 
ment or other public measure shall be clearly indicated upon 
the ballot, and two spaces shall be left upon the right of the 
same, one for votes favoring the amendment or public meas- 
ure, to be designated by the word "Yes," and one for votes 
opposing the amendment or measure, to be designated by the 
word "No." The elector shall designate his vote by a cross- 
mark thus (X), placed opposite the word "Yes," or the word 
"No." [Whenever an amendment to the Constitution has 
been adopted by the General Assembly, the Secretary of 
State shall cause such proposed amendment to be published 
at least four times in two papers of general circulation, 
published in the State, and shall also cause to be published 
at the same time and in the same manner the fact that said 
constitutional amendment will be submitted to the voters 
for their acceptance or their rejection at the next general 
election at which members of the General Assembly are to 
be voted for. Such publications shall be made so that the 
last publications shall be at least ninety days preceding the 
election at which said amendment is to be voted on, as pro- 
vided in sections two hundred and fifty-six and two hundred 
and fifty-seven of the Constitution. It shall be the duty of 
the Secretary of State to certify not less than twenty days 
before the next general election at which members of the 
General Assembly are to be chosen, to the county clerk of 
each county, the substance of any constitutional amendment 
which is to be voted on, and it shall be the duty of each 
county clerk to have the substance of such amendment, as 
certified by the Secretary of State, indicated on the ballot, 
as provided in this section. The votes cast for and against 
such constitutional amendments shall be counted and can- 
vassed and certified to the State Canvassing Board in the 
same manner as the votes cast for any officer elective by the 



KENTUCKY ELECTION LAWS. 29 

votes of the whole State. If it shall be found that a ma- 
jority of the votes cast for and against said amendment are 
in favor thereof, then said amendment shall become a part of 
the Constitution. The result of such vote shall be published 
by the Secretary of State in two daily newspapers, of general 
circulation, published in this Commonwealth. The expenses 
the publications herein provided for shall be paid as are the 
expenses of other publications which the Secretary of State 
is required to make in connection with elections.] (Words 
in brackets added to this section by act of May 12, 1897.)) 

§ 29. PENALTY FOR VIOLATIONS OF LAW BY Act ^ 
PRINTER OF BALLOTS.— If the printer of such ballots, 
or any person employed in printing the same, shall give or 
deliver, or knowingly permit to be taken, any of said ballots, 
by any person other than the county clerk for whom such 
ballots are being printed, or shall print or cause or permit 
to be printed any ballot in any other form than the one pre- 
scribed herein, or with any other names thereon, or with the 
names spelled or the names and devices thereon arranged 
in any other way than that authorized and directed by the 
said clerk, he shall be guilty of felony, and, on conviction 
thereof, shall be imprisoned in the State penitentiary not 
less than three nor more than ten years. 

§ 30. COUNTY CLERKS TO SUPPLY BALLOTS, 
STUBS, STENCILS, AND CARDS OF INSTRUCTION— Act 18M. 
PENALTY. — It shall be the duty of the county clerk in each 
county to cause to be printed, bound and ready for distribu- 
tion not less than three days before an election, one book of 
stubs and ballots for each voting precinct, in his county, and 
within such three days to distribute these books, together 
with all necessary black ink stencils, sample ballots and 
cards of instruction, as herein provided, among the clerks 
of such precincts. One of said ink stencils shall be safely 
placed in the booth, the others preserved by the clerk to be 
used in case any are lost, stolen or destroyed. Should any 
person steal or wilfully destroy either of said stencils he 
shall, upon conviction, be fined not less than fifty dollars 
nor more than two hundred dollars, and be confined in the 
county jail not less than one month nor more than six 
months. 



30 KENTUCKY ELECTION LAWS. 

§ 31. CARDS OF INSTRUCTION— DUTY OF COUNTY 
CLERK AND ATTORNEY.— The county clerk and county 
Act 1892. attorney of each county shall cause to be printed in large 
type on cards, instructions for the guidance of electors in 
preparing their ballots. They shall furnish eight of such 
cards to each of the election clerks at the same time they de- 
liver to him the ballots for his precinct. Each clerk shall 
cause to be posted one of each of said cards in each place or 
booth provided for the preparation of ballots, and not less 
than three of each of such cards and three sample ballots 
about the polling place, and not nearer thereto than fifty 
feet, at the opening of the polls on the day of election, which 
sample ballots shall be printed on different colored paper 
than the genuine ballots. Said cards shall contain full in- 
structions to the voters as to what must be done: 

1. To obtain ballots for voting. 

2. To prepare the ballots for voting. 

3. To obtain a new ballot in place of one accidentally de- 
faced, mutilated or spoiled, and the method of obtaining 
assistance; also copies of section one thousand four hundred 
and eighty-two, and sections one thousand five hundred and 
sixty-six, one thousand five hundred and sixty-seven and one 
thousand five hundred and sixty-eight. 

§ 32. VOTING PLACES — BOOTHS — DUTIES OF 
SHERIFF. — It shall be the duty of the sheriff in each coun- 
ty, before each election, to. secure in each precinct of the 
county a suitable room in which to hold the election, and to 
have placed therein sufficient number of booths or compart- 
ments in which electors shall mark their ballots, screened 
from observation. The number of such booths shall not be 
less than one to every one hundred voters, and one for every 
fraction of one hundred voters exceeding fifty who voted at 
the last preceding election in such precinct. Each booth 
shall have three sides inclosed, one side in front to open 
and shut by a door, swinging outward, or to be closed with a 
curtain; and each booth shall be about six feet high and 
about three feet square, and shall contain a shelf at least 
one foot wide at a convenient height for writing, and the 
door or curtain shall extend to within two feet of the floor, 
which shall be closed while the voter is preparing his ballot, 
and such booths shall be well lighted. Booths shall be so 



Act 



Act 1892. 



Kentucky election laws. SI 

arranged that all the officers of election can see whether 
more than one voter enters any of such booths at one time; 
and the sheriff of election, in each precinct, shall have the 
care and custody of said booths, and may direct in whose 
custody they shall remain after an election. No person, 
other than the election officers and the challengers allowed 
by law, and those admitted for the purpose of voting, as 
hereinafter provided, shall be permitted within said room 
while the vote is being polled, except by authority of the 
election officers to keep order and enforce the law. The 
expense of rooms and booths shall be paid in the same man- 
ner as other election expenses. 

§ 33. BALLOT BOXES— CHARACTER OF— DUTIES 
OF SHERIFF.— It shall be the duty of the sheriff of each 
county, or the officer acting for him when, for any cause, 
the sheriff can not act, to provide for each precinct or vot- 
ing place in the county, and at the expense of the county, 
to be paid out of the county funds upon order of the county 
court and allowed by the fiscal court, a strong and well-made 
ballot box, sufficiently large to contain all the ballots to be 
cast at the precinct or voting place to which it is sent; such 
box to have on it a lid, working on hinges, and provided 
with two locks of different kinds and combination, so that 
the key of the one will not unlock the other. An aperture 
sufficient only for the insertion of a single ballot, shall be 
made in each box. Such box shall, not less than three days 
before the day for holding an election, be, by the sheriff or 
other officer acting for him, delivered to the officers of the 
election in each precinct or voting place. The officers of the 
election, before the voting begins, shall see that no ballots 
are in the box, and shall thereupon securely lock the box 
and give one key to each of the judges; and the box shall 
not be again opened until the polls are closed, and the officers 
are ready to immediately proceed with the counting. 

§ 34. HOURS OF ELECTION.— The polls shall be opened se c c on 1 f^l° n n ; 
at six o'clock in the forenoon, and kept open continuously ^°> art - 8 « sec - 

§ 34. HOURS OF ELECTION. Votes re- candidate who had a majority when polls 

ceived after the hour for closing the polls should have been closed .was entitled to the 

can not be counted; and where one candi- office. Varney v. Justice, 86 Ky., 596; but 

date had received a majority of the votes votes received a few minutes after polls 

at the time when the polls should have should have been closed will not thrown 

Oeen closed, and the officers of election per- out, unless there has been a palpable dis- 

mitted votes to be recorded for his oppo- regard of the law by the officers. Cowan v. 

nent after that hour, thereby giving him a Prowse, 93 Ky., 156; Anderson v. Winfree, 

majority in a contest about the office, the 85 Ky., 597. 



32 KENTUCKY ELECTION LAWS. 

up to and closed at four o'clock in the afternoon of the same 
day; and before receiving the ballots of any elector, the 
officers of election shall cause to be proclaimed that such 
election is opened. (Con., sec. 148.) 

§ 35. PERSONS NOT VOTING TO KEEP FROM POLLS 
—OATH OF CHALLENGER.— No person, other than the 
election officers, shall remain within fifty feet of the polls, 
except when voting: Provided, That each political party 
may appoint one challenger for each precinct, who shall be 
entitled to stay in the room or at the door thereof. Such 
challenger shall be appointed in writing by the chairman of 
the county or other local committee of their political party, 
and shall produce written appointments on demand of any 
of the officers of election. Each challenger shall take the 
following oath: "You do solemnly swear (or affirm) that you 
will faithfully and impartially discharge the duties as official 
challenger, assigned by law; that you will not cause any 
delay to persons offering to vote, further than is necessary 
to procure satisfactory information of the qualification of 
such person as an elector, and that you will use no means to 
influence any voter, and that you will not disclose or com- 
municate to any person how any elector has voted at such 
election." 

§ 36. MANNER OF VOTING— DUTIES OF OFFICERS 
—VOTING FOR PERSON NOT ON BALLOT.— Any per- 
son desiring to vote and legally entitled to vote at such elec- 
tion shall give his name and residence to the clerk holding 
the ballots, who shall write the same upon the main stub of 
the ticket in the blank places provided therefor. Such officer 
shall then mark upon the secondary stub the elector's reg- 
istered number in all precincts in which a registration law 
is in force, and in all other precincts the elector's full name, 
and the stub book for this purpose shall take the place of 
a poll book. The clerk shall then detach the ballot, with 
the secondary stub attached, from the main stub, and write 
his own name on the back thereof, and hand it, thus in- 
dorsed, to the elector. The clerk shall give him one, and 

§ 35. CHALLENGER. The offices of ehal- § ?.C MANNER OE VOTING. In Houston 

longer and Inspector are entirely distinct. v. Steele, OS Ky., 596, the court discusses 

and each party is entitled to a challenger as at length the matter of voting, marking and 

well as an inspector, under sec. 1481. Com. validity of ballots. 
v. Miller. 98 Ky., 446. 



KENTUCKY ELECTION LAWS. 33 

only one, ballot, and on request of voter shall give explana- 
tion of the manner of voting. On receipt of his ballot the 
elector shall forthwith and without leaving the room, retire 
alone to one of the voting booths, as provided, and shall pre- 
pare his ballot. There shall be kept in each booth the neces- 
sary stencils and pencils, to be securely fastened by a string 
or cord of sufficient length to enable voters to use the same. 

§ 37. DELIVERY OF BALLOT BY VOTER TO JUDGE 
—SECONDARY STUB RETAINED.— Before leaving the 
voting booth the elector shall fold his ballot without display- 
ing the marks thereon, except the indorsements and the fac 
simile of the signature of county clerk and the signature of 
election clerk must be disclosed. He shall deliver to one 
of the judges the ballot, who shall detach the secondary stub 
bearing the elector's registered number or name, and de- 
posit the ballot in the ballot box. The secondary stubs shall 
be preserved until the polls are closed, and shall then be 
destroyed before the ballot box is opened. He shall mark 
and vote his ballot without undue delay, and shall leave said 
room as soon as he has voted. No such elector shall be al- 
lowed to occupy a voting booth already occupied by an- 
other, or to occupy a voting booth for more than three min- 
utes, in case all such booths are in use and electors are wait- 
ing to occupy the same, or to speak to or converse with any 
one, except as herein provided, while within such room. No 
elector, not an officer of elections, shall be allowed to re- 
enter said room during said election. No more electors 
shall be allowed to enter within said room at any one time 
than there are voting booths provided. It shall be the duty 
of the judges and sheriff of election to secure the ob ervance 
of the provisions of this section. 

§ 38. BALLOT NOT VOTED TO BE RETURNED— PEN- Act 1892. 
ALTY FOR LEAVING ROOM WITH BALLOT— DEFACED 
BALLOTS. — Every elector who does not vote a ballot de- 
livered to him by the clerk shall, before leaving the polling 
room, return such ballot to such clerk; and any voter who 
shall attempt to leave the room with a ballot in his posses- 
sion shall at once be arrested on demand of either of the 
judges and shall be fined therefor not less than twenty-five 
-nor more than one hundred dollars. If any elector spoil or 



34 KENTUCKY ELECTION LAWS. 

deface a ballot by mistake, so that it can not be used, he may 
return it, and receive in place thereof one other ballot; and 
the fact shall be noted by the clerk by writing the word 
"spoiled" on the stub and spoiled ballot. (See fur- 
ther, as to penalty, sec. 128.) 

Act 1892. § 39. BALLOT SHOWN NOT TO BE DEPOSITED— 

NOTE ON STUB BOOK— FOLDING BALLOT.— If any 
elector shall show his ballot, or any part thereof, to any other 
person, after the same shall have been marked so as to dis- 
close any of the candidates voted for, such ballot shall not 
be deposited in the ballot box. A minute of such occurrence 
shall be made on the stub book, and such persons shall not 
be allowed to vote thereafter. If a voter shall offer to 
vote a ballot so folded as not to disclose the indorsements 
thereon, including the signature of the election clerk, the 
judges shall direct him to return to the booth and fold his 
ballot properly. 

§ 40. ILLITERATE, BLIND AND DISABLED PER 
constitution. SONS— PENALTY FOR FALSE DECLARATION.— Any 
elector who declares, on- oath, that, by reason of inability to 
read the English language, he is unable to mark his ballot, 
may declare his choice of candidates or party ticket to the 
clerk, who, in the presence of the judges, sheriff and chal- 
lengers and the elector, shall, with his pencil, mark a dot in 
the appropriate place for the cross mark, to indicate the 
choice of the elector. The clerk shall then fold and de- 
liver the ballot to the elector, and instruct him to retire 
to the booth and there mark his ballot by making a cross 
mark either in the squares showing dots or any other squares 
he may desire. In all other respects he shall vote as is 
required of other electors. In case any person applying to 
vote is blind, and shall so declare on oath, the clerk shall be 
allowed to mark his ballot for him in the presence of the 
other officers of election, and the challengers allowed by 
law; or, in case any person shall be so physically disabled 
as to be unable to mark his ballot, and shall so declare, on 

§ 39. ILLITERATE VOTER — OATH. § 40. BALLOTS SHOWN TO ANOTHER. 

The provision, that the voter shall be sworn Ballots marked in the voting booths, either 

before his ballot is marked, is mandatory. by the clerk of election or in his presence, 

and a ballot marked before the requisite were ballots "shown to another person" in 

oath is taken should not be counted. Major the meaning of this section, and should not 

V. Barker, 99 Ky.,305. have been deposited in the box. Major v, 

Barker, 99 Kv., 305. 



KENTUCKY ELECTION LAWS. 35 

oath, the clerk shall have the right to mark his ballot as 
in the ca&e of a blind person applying to vote. Any one 
making a false declaration under this provision of this sec- 
tion shall, upon conviction, be fined in any sum not exceed- 
ing fifty dollars, and be disfranchised for a period of two 
years; and any clerk who shall willfully deceive any elector 
in marking any ballot, or willfully mark the same in any 
other way than as requested by said elector, shall be guilty 
of felony, and, upon conviction, shall be imprisoned in the 
penitentiary for not less than two nor more than five years. 

§ 41. OFFICER SHALL NOT DEPOSIT BALLOTS— Act 1882. 
PENALTY FOR DEFACING OR MARKING.^-No judge or 
other officer of election shall deposit any ballot upon which 
the fac simile signature of the county clerk, and the name 
of the election clerk, as hereinbefore provided, do not ap- 
pear, or any ballot on which appears externally any dis- 
tinguishing mark, defacement or mutilation. If any officer 
of election, or other person entrusted with the custody or 
control of any ballot or ballots, either befoue or after they 
have been voted, shall in any way mark, mutilate or deface 
any ballot or place any distinguishing mark thereon, either 
for the purpose of identifying the same (except by numbering 
protested ballots for future reference) or for the. purpose of 
vitiating the same, he shall be guilty of a felony, and, on con- 
viction, shall be imprisoned in the State penitentiary not 
more than ten nor less than five years, and fined in any 
sum not exceeding two thousand dollars. (See sec. 134.) 

§ 42. CHALLENGES.— Any voter of the precinct may Act 1892. 
send a written notification, over his own signature, of chal- 
lenge to the right of any person or persons to vote, setting 
forth the reasons thereof to the judges of election, and such 
person or persons may be challenged as herein provided. 

§ 43. RESIDENCE OF VOTER— RULES FOR DETER- ^ , t 

° Gen. Stat., 

MINING. — The following rules shall be observed in determin- chap. 33, art. s, 
ing the residence of a person offering to vote, so far as may 
be applicable: 

§ 42. LIABILITY OF JUDGE FOR RE- prompted by corrupt motives. An honest 

FUSING VOTE. An action may be main- mistake as to the voter's right of suffrage 

tained against a judge of election for refus- will not render him liable for refusing his 

ing to permit a qualified voter to vote, but vote. Oaulfleld v. Bullock, 18 B. M., 494; Mor- 

to sustain action it is necessary that the gan v. Dudley, 18 B. M.,693; Chrisman v. 

judge should have knowingly acted wrong- Bruce, 1 Duv., G3; Miller v. Rucker, 1 Bush. 

fully, and that his action should have been 135. 



36 



KENTUCKY ELECTION LAWS. 



1. That shall be deemed his residence where his habitation 
\?, and to which, when absent, he has the intention of re- 
turning. 

2. He shall not lose his residence by absence for tempor- 
ary purposes merely; nor shall he obtain a residence by 
being in a-county or precinct for such temporary purposes, 
without the intention of making the county or precinct his 
home. ! i .,i 

3. By removal to another State or county, with intention 
to make his permanent residence there, he loses his former 
residence. 

4. So, also, he loses his residence here by removal to and 
residence in another State, with intention to reside there 
an indefinite time, or by voting there, even though he may 
have had the intention to return here at some future period. 

5. The place where the family of a married man resides 
shall generally be considered his residence, unless the family 
so resides for a temporary purpose. If his family is perma- 
nently in one place, and he transacts his business in another, 
the former shall be his residence. 

§ 44. CITIZENSHIP— QUESTIONS BY JUDGES.— If a 
Gen. stat. person is objected to as not being a citizen, in addition to 

PllS D 33 II Ft, % 

sec. 9. ' ' any questions the judges may think proper to ask, the fol- 
lowing shall be put to him: 

1. Have you resided in this State one year and in this 
county six months immediately preceding this election? And 
have you resided in this precinct sixty days next preceding 
this election? 

2. Have you been absent from this State within the year 
immediately preceding this election? And if so, did you, 
while absent, consider this State as your home, or did you, 
while absent, vote in another State? 

§ 45. RESIDENCE IN COUNTY OR PRECINCT.— If the 
ch^s/^rV s P erson 1S objected to as not a resident of the county or pre- 
sec io. ' cinct in which he offers to vote, then, in like manner, the 

following questions shall be put to him: 

1. When did you last come into county (or precinct)? 

2. When you came into this county (or precinct), did you 
come for a temporary purpose merely, or for the purpose 
of making it your home? 



KENTUCKY ELECTION LAWS. 37 

3. Did you come into this county (or precinct) for the 
purpose of voting in it? 

§ 46. REPRESENTATIVE OF PARTY MAY BE PRES- Act 1892 « 
ENT AT COUNT OF VOTES.— The county executive com- 
mittee of each party having a ticket to be voted at an elec- 
tion may designate a suitable person to be present at, wit- 
ness and inspect the counting of the vote in each precinct, 
who shall be admitted to said voting place; but no other 
person except the election officers shall be admitted to the 
said polling place before or after the count begins, except 
as provided by law. 



§ 47. CERTIFICATE OF OFFICERS ON STUB BOOK- 



Gen. Stat., 



DUPLICATES— DUTY OF OFFICERS.— The form of the cnap. 33. art. 3. 

sec. 5. 

return to be made on the inside of the cover of the stub book 
shall be substantially as follows: State of Kentucky, 

county, election held on the — day of , 

eighteen , in — precinct. Number of ballots 

counted as valid, ; number of ballots questioned or re- Act 1892, 

jected, ; number of ballots marked "spoiled, ; 

whole number of ballots cast, ; number of votes re- 
ceived for Governor, by ; number of votes re- 
ceived for Lieutenant-Governor, by (and so for 

other State and county offices); number of votes on question 
of f voted yes, ; voted no, . 

We, the judges, sheriff and clerk of election, at the precinct 
above mentioned, certify that the above is a correct return 
of the election held therein on the day aforesaid. 



-, Judge, 
-, Judge, 
-, Clerk, 
-, Sheriff. 



§ 46. INSPECTORS. The offices of chal- directing the clerk to sign his name at the 

lenger and inspector are entirely distinct. foot of every page, was merely direC' jry, 

Each political party is entitled to an inspec- and that the failure of the clerk to so sign 

tor, who has the right to be present when his name to a page did not author'ze its 

the vote is counted, and the executive com- rejection. Clark v. McKenzie, 7 Bush, 523. 

mitte of a party may authorize its chair- (2) Mere irregularity on the part of offl- 

man to appoint the inspectors. Com. v. cers of election, or their omission to observe 

Miller, 98 Ky., 446. some directory provision of the law, will 

§ 47. (1) IRREGULARITY ON PART OP not vitiate the poll. Anderson v. Winfree, 

OFFICERS. It was held that the require- 85 Ky., 597; Cowan v. Prowse, 93 Ky., 156; 

ment of chap. 33, art. 3, sec. 5, Gen. Stat., and see Struss v. Johnson, 100 Ky., 319. — 



88 KENTUCKY ELECTION LAWS. 

Any witness to the count or inspector, as provided in sec- 
tion one thousand four hundred and eighty-one, may demand 
from the officers a duplicate, to be signed in like manner, 
and each judge shall retain another duplicate, which may 
be used as proof in case of loss or destruction of the original; 
and for this purpose each precinct clerk shall be furnished 
with a sufficient number of blank returns by the county clerk. 
When the foregoing requirements have been complied with, 
the judges shall deliver the stub book containing the fore- 
going returns, together with the undestroyed ballots, in- 
closed in an envelope, to the sheriff of election before they 
separate. 

Gen stat, § 48 ' SHERIFF T0 PRESERVE ORDER AND ACT AS 

chap. '33 art! 3, UMPIRE. — In addition to the other duties provided herein, 

sees. 5, 6. ^ ' 

it shall also be the duty of the sheriff of each precinct to 
preserve order at the polls and enforce the provisions of 
the election law, under the direction of the judges; and when 
the judges disagree, the sheriff shall act as umpire between 
them. 



Act 1892. 



§ 49. PRINTING AND DISTRIBUTION OF LAW.— It 
shall be the duty of the Secretary of State, with the aid and 
advice of the Attorney-General, to cause twenty thousand 
copies of this chapter to be printed immediately in pamphlet 
form, with all necessary forms and instructions, to assist 
election officers to carry it into effect and distribute through 
the county clerks of the several counties of the State. 



ARTICLE IV. 

Registration in Certain Cities and Towns. 

Act 1892. § 50. CITIES AND TOWNS OF FIRST, SECOND, THIRD 

AND FOURTH CLASS.— In all cities and towns of the first, 
second, third and fourth class there shall be a registration 
of all the qualified voters of the respective cities and towns, 
which registration shall be held and conducted as herein 
provided. (Con., sec. 147.) 

§ 50a. OFFICERS OF REGISTRATION— TERM AND 
OATH OF OFFICE— NON ATTENDANCE OR VACANCY 



KENTUCKY ELECTION LAWS. 39 

SUPPLIED. — The officers of election in the several election 
precincts of the respective cities and towns mentioned in 
the preceding section shall be the officers of registration in 
such precincts, and shall serve as such for one year from 
the time of their appointment as officers of election; and 
each/ officer of registration, before entering upon the dis- 
charge of his duties, shall take an oath, before some person 
duly authorized to administer same, to faithfully discharge 
the duties of his office. Should the county court fail to ap- 
point such officers of election as provided in section one 
thousand four hundred and forty-seven, or should all the 
officers appointed in any precinct fail to attend at the place 
of registration for one hour after the time for commencing 
the registration, or refuse to act, then the county judge, 
sheriff or county clerk, or either of them that can be found, 
shall appoint officers to act in their stead for that registra- 
tion; but should one or two officers be in attendance, he or 
they may fill vacancies for the purpose of conducting that 
registration, &nd may administer the necessary oaths of of- 
fice. 

§ 51. OFFICERS TO PRESERVE ORDER— CHAL- Act is»f. 
LENGING RIGHT TO REGISTER.— Officers of registration 
shall have the same power to preserve order at the places 
of registration as is exercised by the officers of election at 
the polls. If the officers of registration entertain any doubt 
as to whether or not any person offering for registration is 
entitled to such registration, or if any one's right to register 
is challenged, citizens may be called in, not exceeding three 
in number, who shall be examined touching the qualifications 
of such person or persons who offer to register. 

§ 52. REGISTRATION BOOK— DUTIES OF COUNTY 
CLERK.— It shall be the duty of the county clerk of each Act 1S9 * 
county containing any City or town of either of said classes 
mentioned in section one thousand four hundred and eighty- 
six to prepare the proper forms, and cause to be printed 
two registration books for each precinct in said city or 
town. In cities where additional days are required for reg- 
istration, he shall prepare an additional registration book 
for each additional day, one of which shall be kept in his 
office, to be used as provided in section one thousand four 



40 



KENTUCKY ELECTION LAWS. 



hundred and ninety-four, and the other furnished to the 
clerks of registration and election before each registration 
or election day, as hereinafter provided. Said books shall 
be so arranged as that the names of voters may be registered 
alphabetically, and shall be ruled and headed as follows: 



Am'd March, 
15. 1894. 





fed 

CD 
TO 


2 

O 


f 


3 

5" 


O 
< 


m 

CD 






Cb 


o 


o 


-i 








Name. 


o 

CD 


«3 

►d 

CD 


MS 

So 




cF 1 
o 


g 
cF 1 


Kemarks. 






a 


Pj 




o 












o 








o 
















a 


, 



§ 53. TIME OF REGISTRATION— DETAILS— ADDI- 
TIONAL DAYS.— The officers of registration shall attend at 
the voting places of their respective precincts on the first 
Tuesday in October in each year, from the hours of six in the 
morning until nine in the evening, and on such other days 
as the city councils of said cities may deem necessary and 
provide for by ordinance: Provided, however, That the last 
day of registration shall be fixed by said ordinance not later 
than fhe third Tuesday in October, and shall record in the 
registration book, which shall be furnished by the county 
clerk to each registration clerk, a list of such qualified voters 
of the precinct and ward as may apply for registration. Said 
list of voters shall be in alphabetical order [the number of 
the precinct and the number of the ward, if the city be 
warded off], the name of the street or alley, and number 
of house, lodging or tenement in which he lives, and whe- 
ther he be white or colored; and if said house, lodging or 
tenement be not numbered, the location thereof shall be 
described in the registration book as accurately as is prac- 
ticable, giving the street, and between what streets. No per- 
son shall be registered who does not personally appear be- 
fore the officers of registration; and if he be not personally 



§ 53. (1) REGISTRATION. Where a per- 
son is legally entitled to vote the fact that 
he obtained by fraud a certificate of regis- 
tration will not authorize his vote to be 
stricEfh frgm the polls In an election con- 
test. The. penaBty linposed for such an act 
Ig Imprisonment, but not disfranchisement. 



Ky., 156; and see 
5 Ky.. 697; Com. v. 



Cowan v. Prowse. 93 
Anderson v. W4nfreo, ! 
McClelland, 83 Ky.. 686. 

(2) The fact that a voter registers at the 
wrong voting place in his precinct will not 
disfranchise him If he votes at the proner 
place. 93 Ky., 156. 



Act 1892, 



KENTtJCKY ELECTION LAWS. 41 

known to one of the officers, or if any bystander shall de- 
mand it, he shall be sworn by one of the officers, and inter- 
rogated by him or by such bystander touching his qualifica- 
tions as provided by law. Opposite the name of each person 
so sworn the clerk shall write the word "Sworn," which 
entry shall be prima facie evidence of such swearing in any 
prosecution under this law. Said registration in October 
shall be known as the general registration, and any person 
then registered may vote at all elections until the next gen- 
eral registration, unless he becomes disqualified after regis- 
tering. Every person shall be entitled to be registered who 
would be entitled to vote at the next succeeding November 
election, as now provided by law. 

§ 54. ADDITIONAL REGISTRATION— EXPENSE OF. 
— Where any city shall provide for additional registration 
day or days, said city shall pay all expense of same, at the 
same rate as provided for herein by the county. 

§ 55. ALIEN MAY REGISTER— RIGHTS AFTER REG- 
ISTRATION. — Any alien possessing all the qualifications of 
a voter named in section one thousand four hundred and 
thirty-nine of article one of this chapter, except citizenship, 
shall be entitled to be registered; but the clerk shall write 
opposite to his name, in the column headed "Remarks," the 
words "Not naturalized," and such alien will not be entitled 
to vote at any election held under that registration, unless 
he shall produce to the officers of election his naturalization 
papers in due form of law. 

§ 56. DUTIES OF RESPECTIVE OFFICERS.— In mak- 
ing the registration, the clerk shall act as the recording of- 
ficer, and the judges shall decide all questions relating to the 
qualifications of persons offering to be registered, except 
that, in case of a difference of opinion between the judges, 
the clerk shall have the casting vote. It shall be the duty 
of the clerk to number, consecutively, the names recorded 
under each letter of the alphabet as they are taken down; and 
at the close of the registration each day he shall sign his 
name as clerk after the last name recorded under each letter, 
as aforesaid, in such manner as that no more names can be 
recorded above his, and shall foot up and certify, in the back 
of the registration book, the whole number of names record- 



Act 1893. 



Act. 1891. 



Act IStt. 



42 KENTUCKY ELECTION LAWS. 

ed at that registration on said day, and this certificate shall 
be signed by all the officers of registration before leaving 
the place of registration, and in the presence of bystanders, 
any two of whom may, if they desire, sign their names as 
witnesses thereto. In addition to the requirements above, the 
clerk shall sign his name, as such clerk, at the foot of each 
page. 

§ 57. CUSTODY OF REGISTRATION BOOKS— COPIES. 
— On the day following the close of each registration day 
each clerk shall deliver the registration book into the hands 
of the clerk of the county court, or one of his deputies, and 
shall take his receipt therefor. It shall be the duty of such 
county clerk to keep said books safely in his office; and not 
to suffer the same to be taken therefrom except ^is provided 
herein. When additional registration days are provided 
in any city, a new registration book shall be furnished by 
the county clerk for each and every day of such registra- 
tion, and on return to him he shall copy the same in his 
blank book as soon as returned, marking distinctly each day's 
registration. He shall also cause to be made one copy of 
each registration book in the blank book retained by him, as 
provided in section one thousand four hundred and eighty- 
nine of this article, which shall be kept in his office, and 
not to be taken therefrom for any purpose. In case of loss 
of any registration book a copy shall be made by the county 
clerk from the copy retained in his office, which copy shall 
be used in registrations and elections with the same effect as 
the original. The clerk shall permit any citizen at any time 
to copy any registration book without fee or charge, and 
he shall also furnish copies at the same rate as provided in 
section one thousand five hundred and six for copying the 
book kept in his office. Copies furnished to citizens under 
this section shall be paid for in cash by the person ordering 
them. 



Act 1892. 



§ 58. SPECIAL REGISTRATION— ELECTION OR- 
DERED. — When an election or vote is ordered to be held 
or taken in any county containing any city or town belong- 
ing to either of said classes, at any other time than the reg- 
ular November election, then the county judge, or other of- 
ficer so ordering said election or vote, shall, at the same time, 



KENTUCKY ELECTION LAWS. 43 

fix a day for the registration of those persons entitled to 
vote thereat whose names have not been recorded on the 
registration books of that year, and shall require the same 
to be published in like manner as the time and place of 
said election or vote are required to be published. Regis- 
trations under this section shall be known as Special Regis- 
trations, and any person so registered shall be entitled to 
vote at all elections held prior to the next general registra- 
tion. Registrations prior to special elections shall be held 
not less than five days prior to the election. 

§ 59. SPECIAL REGISTRATION— DUTY OF CLERK 
AND OFFICERS.— On the day prior to each registration Act im 
provided for in the previous section, the county clerk shall 
deliver to the registration clerks the registration books for 
their several precincts; and on the day of such registration, 
the registration officers shall attend at their several places 
of registration, and shall register the names of all persons 
appearing before them who may be entitled to vote at the 
election for which the registration is held, and whose names 
are not already on the registry for that year. The names 
shall be recorded immediately following the names recorded 
at the previous registration, and the registration shall be 
conducted and the books returned as provided in sections 
one thousand four hundred and ninety-three and one thou- 
sand four hundred and ninety-four of this article. Immedi- 
ately after the books are so returned, the county clerk shall 
cause the names recorded at that registration to be copied 
into the book retained in his office, as provided in section 
one thousand four hundred and ninety-four herein. 

§ 60. REMOVAL FROM PRECINCT— CERTIFICATE AND 
RE-REGISTRATION. — Any person removing from one pre- Act 1892 
cinct to another, after having been registered for that year, 
may apply to the clerk of registration of the precinct from 
which he removes, on a registration day, and have his name 
canceled off by writing opposite to it the word "Removed," 
and thereupon safid clerk shall give him a certificate in the 
following form: 

This is to certify that has removed from the 

precinct, — *■ ward, to the precinct, 

ward, and that his registration has been cancelled. 

(Signed) , Clerk. 



Act 



44 KENTUCKY ELECTION LAWS. 

Upon presenting said certificate to the officers of registra- 
tion of the precinct to which he has removed, he shall be 
entitled to be there registered if he possesses the other quali- 
fications named in section one thousand four hundred and 
ninety of this article; and no person so removing, after be- 
ing registered, shall be registered in another precinct with- 
out the production of such a certificate. 

§ 61. ABSENCE OR SICKNESS DURING TIME FOR 
REGISTRATION— REGISTRATION BY AFFIDAVIT.— 

Any person entitled to register who was necessarily absent 
from the city of his residence during the days allowed for 
registration herein, or who was ill during said time, or who 
was unable to attend the place of registration on account of 
sicknese )f some named member of his family, may have his 
name p!i red upon the registry for the precinct in which he 
lives, bj attending the county clerk's office at the times 
specified in the next section, and making the affidavit before 
the clerk showing the facts required to be stated in the reg- 
istry by section one thousand four hundred and eighty-nine 
herein, and showing the absence or sickness referred to 
above. 

§ 62. COUNTY CLERK TO REGISTER PERSONS— DU- 
Act im TIES OF CLERK— CHALLENGES.— On Monday, Tuesday 
and Wednesday preceding the November election in each 
year, such county clerk shall receive in a bound book, to be 
kept by him for that purpose, the affidavits provided in the 
preceding section, and shall place the names of persons mak- 
ing such affidavits upon the proper registration book, and 
shall write his name as clerk and date of registry, after the 
name of the person so registered, in the column headed "Re- 
marks." Any person present in the county clerk's office may 
challenge the right of any voter to register under this sec- 
tion, and thereupon the county clerk shall examine such 
voter and any witness who may be offered, under oath, and 
shall hear and determine the question of his right to reg- 
ister. The duties herein imposed upon the county clerk may 
be performed by his deputy, and he or his deputy may ad- 
minister oaths under this law. 



KENTUCKY ELECTION LAWS. 



45 



§ 63. PENALTY FOR FALSE REGISTRATION BY Act im. 
CLERK. — Any county clerk, or deputy thereof, who falsely 
or fraudulently registers the name of any person, knowing 
that such person is not entitled to be registered, or who 
registers a name at a time other than that provided in this 
article, shall, on indictment, be deemed guilty of a felony, 
and punished by confinement in the penitentiary not less 
than one nor more than five years. 

§ 64. COUNTY COURT MAY STRIKE NAME FROM Act 1892. 
REGISTER— NOTICE— MARKING NAME "DOUBTFUL." 
Any voter, may, by giving five days' notice, in writing, to any 
person whose name has been registered, move the county 
court to strike his name from the register, and both parties 
may introduce witnesses, not exceeding two in number, on 
each side. Said notice must be served personally. If, at the 
hearing, the court shall be of the opinion that the person 
registered is not lawfully entitled to register, it shall direct 
the clerk to strike his name from the register, by inserting 
opposite to it the words: "Stricken off by order of the 
county court." If the person upon whom notice is attempted 
to be served can not be found, the clerk shall write oppo- 
site such name, on the registration book, the word "doubt- 
ful," and when, at an election, such person, whose name is 
marked "doubtful," shall offer to vote, he shall be sworn, 
and his right to vote investigated fully. 

§ 65. DELIVERY OF REGISTRATION AND STUB 
AND BALLOT BOOKS TO ELECTION OFFICERS.— On the 
day previous to the November election in each year, and on 
the juridical day previous to every election to be held, or 
vote of the people to be taken, in any county containing a city 
or town belonging to either of said classes mentioned in 
section one thousand four hundred and eighty-six herein, 
the county clerks shall deliver to the clerks of election the 
registration books for their several precincts, together with 
the book of stubs and ballots, and furnish sample ballots and 
cards of instruction, all of which shall be produced by said 
clerks at their several precincts when the polls are opened 
one the day of the election. No vote shall be received by the 
officers of election in any city or town belonging to either 
of said classes, unless the name of the person offering to, yo^ 



Act 1893. 



Act 1892. 



46 KENTUCKY ELECTION LAWS. 

is on the registry herein provided. The officers of election 
shall, when a vote is cast, mark opposite to the name of the 
person voting, in the column of the registration book pro- 
vided for that election, the word "Voted," and at the close 
of the election, and before closing or leaving the voting place, 
shall mark opposite the name of each person who has not 
voted at that election the words "Not voted." The registra- 
tion book shall be returned to the county clerk by the clerk 
of the election the day next succeeding the election. 

§ 66. PENALTY FOR ILLEGAL OR DOUBLE REGIS- 
TRATION. — Any person who shall cause himself to be reg- 
istered in more than one election precinct [or give a false 
number of the ward of his residence], otherwise than is 
provided in section one thousand four hundred and ninety- 
seven of this article, or more than once in the same precinct, 
or who shall cause himself to be registered, knowing that 
he is not lawfully entitled to registration, and any person 
who shall aid or abet in the commission of any of said acts, 
shall be deemed guilty of a misdemeanor, and shall be im- 
prisoned in the county jail not less than one nor more than 
twelve months. 

§ 66a. PENALTY FOR ALTERING, SECRETING OR 
Act 1892. DESTROYING REGISTRATION BOOK.— Any officer of 
registration, or other person, who shall unlawfully alter any 
registration book, or add any name thereto, or who shall will- 
fully secrete, suppress or destroy any such book, or who 
shall make or aid in making any false or fraudulent registra- 
tion book, shall be deemed guilty of felony, and shall be 
confined in the penitentiary not less than one nor more than 
five years, and shall forfeit any office he then holds, and 
shall forever be disqualified from holding office. 

§ 67. PENALTY FOR FORCIBLY INTERFERING 
WITH REGISTRATION.— Any person who, by himself or in 
aid of others, shall forcibly break or attempt to break, up a 
registration held as provided in this article, or shall forc- 
ibly prevent, or attempt to prevent, any person from ap- 
proaching or entering a place of registration for the purpose 
of registering, shall be fined not less than one hundred 
nor more than five hundred dollars, or imprisoned not less 



Act 1892. 



Act 1892. 



KENTUCKY ELECTION LAWS. 47 

than six nor more than twelve months in the county jail, or 
both. 

§ 68. COMPENSATION OF REGISTRATION OFFICERS 
AND COUNTY CLERK.— Officers of registration shall re- 
ceive two dollars per day for each day employed in attend- 
ing at the place of registration. The county clerk, for his 
services under this article, shall receive the following fees, 
and no other: For copying the registry lists required to 
be kept in his office, or to be used in supplying lost books, the 
sum of two cents for each voter whose name is so copied; 
for his services under section one thousand five hundred 
and one, the sum of ten cents for the name of each voter 
stricken off the lists, and a like sum for each name registered 
by him under section one thousand four hundred and ninety- 
nine. All fees and expenses incurred under this article shall 
be paid as other election expenses. 



ARTICLE V. 

§ 69. A State Board of Election Commissioners is hereby 
created, which shall consist of two commissioners, who shall m ^s!oners. C(,m 
hold their office for the term of one year and until their suc- 
cessors are appointed and qualified. They shall be citizens 
and electors of Kentucky, and not less than twenty-five years 
old. They shall be appointed by the Governor of the State Jgm^S"??- 
from names designated in writing, if any are so designated, fice - 
by each of the State Central Committees of the two political 
parties that polled the largest vote at the last preceding elec- 
tion for a State officer or presidential electors; one commis- How appoint- 
sioner to be appointed from each of the two said parties. 
Said appointment of the Governor shall, be made annually 
in the month of July. Said commissioners shall qualify by 
taking, before the clerk of the Court of Appeals, an oath Act 1900. 
faithfully to perform their duties according to law. Of such 
qualification said clerk shall make a certificate which shall 
be noted upon the record of the proceedings of said board 



Clerk Court 

and preserved among its records. The clerk of the Court of of Appeals— 

° member of. 

Appeals, by virtue of his office, shall be a member of said 
board, and preside at its meetings; and in case of disagree- 
ment between the other members of said board, acting as um- 



48 



KENTUCKY ELECTION LAWS. 



Secretary of 
board. 



Quorum. 



Vacancy- 
How filled. 



pire, he shall be permitted to vote. The board shall appoint 
a secretary, who shall hold office during the pleasure of the 
board; and the board shall prescribe the duties of the secre- 
tary and fix his compensation, which shall not exceed two 
hundred and fifty dollars per annum. The board shall keep 
a record of its acts, orders, findings, and all its proceedings. 
A majority of said board, consisting of the two members ap- 
pointed by the Governor, or one of said appointive members 
and the Clerk of the Court of Appeals, shall constitute a quo- 
rum for the transaction of all the business of the board, and a 
majority of said board may make any order or do any act the 
board is authorized or empowered to do. The secretary of 
said board shall mail written notice of the time and place of 
meeting to each member of said board before any meeting 
thereof for the transaction of any business shall be held, and 
any action of said board at any meeting thereof held without 
such notice having been given shall be null and void. If a 
vacancy shall occur in said board it shall be filled by appoint- 
ment by the Governor in the same manner as hereinbefore 
provided for appointment to said board, and the member so 
appointed shall be of the same political party as his prede- 
cessor. Resignations from said board shall be in writing, 
directed to the Governor and filed with the Secretary of 
State. 

§ 70. A County Board of Election Commissioners is hereby 
county com- created, which shall consist of two commissioners, who shall 

missioners. ' ' 

hold their office for one year and until their successors are ap- 
pointed and qualified. They shall be citizens and electors of 
Qualifications.^ coun j-y f r0 m which they are appointed, and not less than 
twenty-five years old. They shall be appointed by the State 
Board of Election Commissioners. 

The two members of said County Board of Commissioners 
shall be appointed, one each from five names designated in 
writing, if any are so designated, by each of the County Ex- 
ecutive Committees of the two political parties that polled 
the largest number of votes in the State at the last preceding 
election for State officers or presidential electors, one of said 
two commissioners to be appointed from each of the two said 
parties: Provided, If there be two or more contending execu- 
tive committees of the same party in the county, then that 



KENTUCKY ELECTION LAWS. 49 

County Executive Committee which is recognized by the State 

Central Committee, by written certificate of the chairman Manner of 

thereof, shall be recognized by the State Commission in mak- a PP° inting - 

ing their appointments. The sheriff of the county by virtue 

of his office shall be a member of said board, and shall preside 

at its meetings, and in case of disagreement between the Act 1900. 

other members of said board, acting as umpire, he shall be 

permitted to vote. Said appointment by the State Board 

^ Sheriff mem- 

shall be made annually in the month of August. Said county ber of. * 
commissioners shall qualify by taking before the clerk of the 
county court an oath faithfully to perform their duties accord- 
ing to law. Said clerk shall make a certificate thereof, 
which shall be filed in his office. The board shall choose 
one of its members secretary, who shall keep a record of its re tarv— 
proceedings, which shall be a public record and kept in the Duties of. 
office of the county court clerk. A majority of said board, 
consisting of the two members appointed as aforesaid from 
said two political parties, or one of said two members and the 
sheriff of the county shall constitute a quorum for the trans- 
action of the business of the board. A majority of said 
board shall make any order or do any act the board is author- vacancy- 
ized or empowered to do. If a vacancy shall occur in the how 
board it shall be filled by appointment by the State Board 
from names already designated to the State Board as herein- 
before provided; and the member so appointed shall be of the 
same political party as his predecessor in counties where 
there is no sheriff or where from other causes the sheriff can- 
not act, the circuit court clerk shall act in his place. Resigna- 
tions from said board shall be in writing, directed to the 
State Board and filed with the secretary thereof. Due notice, 
in writing, of every meeting of said board shall be given to 
each member thereof. 

§ 71. Said county board shall, annually, not later than Sep- 
tember the twentieth, appoint for each election precinct in fleers. 
the county two judges, one clerk, and one sheriff of election, 
to act as such in their precincts; all of whom shall be discreet Q ua i ificat i ons 
qualified voters of the precinct for which they are appointed, 
and shall hold their offices for one year and until their suc- 
cessors are appointed and qualified. The County Executive flc ^ erm of of " 
Committees of the two political parties having representa- 
tion on the State Board and County Boards of Election Com- 



50 KENTUCKY ELECTION LAWS. 

missioners may, annually, on or before the fifteenth of Sep- 
tember, designate in writing for each precinct a list of not 
less than eight names to the County Board of Election Com- 
missioners: Provided, If in any precinct there be not as 
many as eight electors possessing the qualifications of an elec- 
tion officer belonging to the political party filing said list of 
names, then a less number may be designated. And from 
these names, if any are so designated, the officers of election 
shall be selected from said lists as follows: One judge at each 
Manner of voting place shall be selected from each of said lists, and in 

selecting. ° r 7 

like manner the sheriff shall be chosen from one of said lists 
and the clerk from the other. If no lists are submitted to 
the said county board, then the officers of election shall be so 
selected and appointed as that one of the judges at each place 
of voting shall be of one political party and the other judge 
of a different political party, and there shall be a like differ- 
ence at each voting place between the sheriff and clerk of 
election. No person shall be eligible as an officer of election 
who has not resided in the precinct for twelve months, next, 
preceding the day of election, or who has committed a homi- 
cide, or who has been convicted of a felony or is under indict- 
ment therefor, or who is not sober, temperate, discreet and of 
good demeanor, or who has anything of value wagered on the 
result of such election, or who is a candidate to be voted for 
at such election, and who is not capable of reading the Con- 
stitution of the Commonwealth in English and of writing a 
plain and legible hand. It shall be the duty of said County 
Board of Election Commissioners to determine the qualifica- 
tion of all election officers* before appointment. The County 
Board of Election Commissioners shall have the power to re- 
move all election officers who are disqualified under the pro- 
visions of this act, but no such removal shall be made within 
five days of the election; nor shall any such removal be made 
at any time without cause, and the grounds therefor shall be 
reduced to writing by said board and made a part of its rec- 
ords. If a vacancy shall occur, by removal or otherwise, it 
shall be filled by the County Board of Election Commissioners 
from the list already submitted, if any, from which the officer 
was selected, and in conformity with the provisions of this 
act. The County Board of Election Commissioners shall give 
due notice of said appointment of election officers to the 



Act 1900. 



KENTUCKY ELECTION LAWS. 51 

sheriff of the county, who shall, before the day of the next 
ensuing election and within ten days next after said appoint- 
ments, give each officer of election written notice of his ap- 
pointment. If there be two or more contending executive com- 
mittees of the same party in the county, then that county ex- 
ecutive committee which is recognized by the State Central 
Committee, by the written certificate of the chairman thereof, 
shall be recognized by the county board in making the ap- 
pointment of election officers. 

§ 72. Should the County Board of Election Commissioners 

J Manner of 

fail to appoint such officers of election, or if any of such offi- fining vacan- 
cers fail to attend for thirty minutes after the time for com- 
mencing the election, or refuse to act, the officer in attend- 
ance representing the same political party of the absentee 
shall appoint a suitable person to act in his stead for that 
election; or if both representatives of the same political party 
are absent, qualified voters present affiliating with the party Acts 190 °- 
of said two absentees shall elect, viva voce, suitable persons 
to act in their stead. Each officer of election shall, before en- 
tering upon the duties of his office, take an oath faithfully to 
discharge his duties as such officer before some person au- 
thorized to administer an oath, or if no such officer be present 
it may be administered by the clerk of the election, who shall 
in turn be sworn by one of the judges of election*. 

§ 73. Said County Board of Election Commissioners shall 
constitute a board for examining and canvassing the elec- County C an- 
tion returns of each county and awarding and issuing cer- massing board, 
tificates of election. Any two of the members of said board 
may constitute the board, but if either be a candidate he shall 
have no voice in the decision of his own case. If from any 
cause two of the members of the board cannot act, in whole 
or in part, In examining and canvassing the returns their 
places shall be supplied as in case of vacancies in such board. 
Within two days next after an election the sheriff shall de- 
posit with the clerk of the county court the returns from the Time of can- 
different precincts. On the next day the said County Board V 
of Election Commissioners shall meet in the county court 
clerk's office between ten and twelve o'clock in the morning, 
open and canvass the returns of such election, and give trip- 
licate or more written certificates of election, over their 



52 KENTUCKY ELECTION LAWS. 

signatures, of those who have received the highest number of 
votes for any office exclusively within the gift of the voters of 
Acts 1901. the county, one copy of the certificate to be retained in the 
clerk's office, another delivered to each of the persons elected, 
and the other forwarded by the county clerk to the Secretary 
of State at the seat of government. For offices not within 
such gift they shall give duplicate or more written certifi- 
cates over their signatures, of the number of votes given in 
votes. the county, city, town, district, or precinct, particularizing 

therein the precinct at which the votes were given, one copy 
to be retained in the clerk's office, one delivered to the sheriff, 
and one, in case of municipal or district election, to the com- 
mon council of said municipality or governing authority of 
such district. The poll books and "questioned ballots" shall 
thereafter remain in the clerk's office as parts of its records. 
So, also, shall the certificates of any precinct judges which 
may have been used in the absence of the poll books of that 
precinct. 

§ 73%. Where two or more counties vote together in the 
counties 1 * vot- re cn(nce °* a Representative or Senator the canvassing board 
ing together. f election of the respective counties shall make duplicate 
written certificates, over their signatures, of the number of 
votes given in the counties for such Representative or Sena- 
ator, one copy to be retained in the clerk's office of such coun- 
ty, and the other to be sent immediately by mail by said board 
to the canvassing board of the county in such district having 
the largest population, which last-named board shall, between 
ten and twelve o'clock in the morning of the second Monday 
after the election, meet in the clerk's office of their county, 
compare the certificates of the canvassing boards of the sev- 
eral counties, and therefrom give triplicate certificates of elec- 
tion, in writing, over their signatures, of the persons who ap- 
pear to have received the largest number of votes, one copy of 
the certificate to be retained in the clerk's office, another de- 
livered to the person elected, and the other forwarded to the 
Secretary of State at the seat of government. 

tiflcat™. ° f ° er " § 74 * Tne certificat e ° f election of a county officer shall be 
in substance in the following form: "Commonwealth of Ken- 
tucky, set. We, A, B, and C, duly authorized to canvass the 
returns of the county of ., do certify that an eleo- 



KENTUCKY ELECTION LAWS. 53 

tion held in said county, on the day of , 

E F was duly elected to fill the office of " The 

certificate of election of a justice of the peace or constable Act 1900. 
shall be altered to show that the election was held in a named 
district. . : . | 

§ 75. When the election of a Governor or Lieutenant-Gov- 
ernor is contested a board for determining the contest shall Governor or 
be formed in the manner following: First. On the third day Go^eS nt 
after the organization of the General Assembly which meets 
next after the election the Senate shall select, by lot, three of 
its members, and the House of Representatives shall select, 
by lot, eight of its members, and the eleven so selected shall Act 190 °* 
constitute a board, seven of whom shall have power to act. 
Second. In making the selection, by lot, the ii me of each 
member present shall be written on a separate piece of paper, Manner of de- 
every such piece being as nearly similar to the other as may t fest! mng con 
be. Each piece shall be rolled up, so that the names thereon 
cannot be seen, nor any particular piece ascertained or se- 
lected by feeling. The whole, so prepared, shall be placed 
by the clerk in a box on his table, and after it has been well 
shaken, and the papers therein well intermixed, the clerk 
shall draw out one paper, which shall be opened and read 
aloud by the presiding officer, and so on until the required 
number is obtained. The persons whose names are so drawn 
shall be members of the board. Third. The members of the 
board so chosen by the two houses shall be sworn by the 
Speaker of the House of Representatives to try the contested 
election, and give true judgment thereon according to the evi- 
dence unless dissolved before rendering judgment. Fourth. 
The board shall, within twenty-four hours after its selection, 
meet, appoint its chairman, and assign a day for hearing the 
contest and adjourn from day to day as its business may re- 
quire. Fifth. If any person so selected shall swear that he 
cannot, without great personal inconvenience, serve on the 
board, or that he feels an undue bias for or against either of 
the parties, he may be excused by the House from which he 
was chosen from serving on the board; and if it appears that Power to Ia 
a person so selected is related to either party, or is liable to sue attach- 
any other proper objection on the score of his partiality, he 
shall be excused. Sixth. Any deficiency in the proper num- 
ber so created shall be supplied by another draw from the 



54 



KENTUCKY ELECTION LAWS. 



New elec- 
tions. 



Election of 
President. 

members of 
congress, etc. 



box. Seventh. The board shall have the power to send for 
persons, papers and records, to issue attachments therefor 
signed by its chairman or clerk and issue commissions for tak- 
ing proof. Eighth. Where it shall appear that the candidates 
receiving the highest number of votes given have received an 
equal number, the right to the office shall be determined by 
lot, under the direction of the board. Where the person re- 
turned is found not to have been legallv qualified to receive 
the office at the time of his election a new election shall be 
ordered to fill the vacancy: Provided, That the first two 
years of his term shall not have expired. When another 
than the person returned shall be found to have received 
the highest number of legal votes given, such other shall be 
adjudged to be the person elected and entitled to the office. 
Ninth. No decision shall be made but by the vote of six mem- 
bers. The decision of the board shall not be final nor conclu- 
sive. Such decision shall be reported to the two houses of 
the General Assembly in joint session for the further action 
of the General Assembly, over which the Speaker of the 
House shall preside, and the General Assembly shall then de- 
termine such contest. Tenth. If a new election is required, 
it shall be immediately ordered by proclamation of the Speak- 
er of the House of Representatives, to take place within six 
weeks thereafter, and on a day not sooner than thirty days 
thereafter. Eleventh. When a new election is ordered or the 
incumbent is adjudged not to be entitled to the office, his pow- 
er shall immediately cease, and if the office is not adjudged 
to another, it shall be deemed to be vacant. Twelfth. If any 
member of the board wilfully fails to attend its sessions he 
shall be reported to the House to which he belongs, and there- 
upon such House shall, in its discretion, punish him by fine 
or imprisonment, or both. Thirteenth. If no decision of the 
board is given during the then session of the General Assem- 
bly, it shall be dissolved, unless by joint resolution of the two 
Houses it is empowered to continue longer. 

§ 76. After an election for Presidential electors, Representa- 
tives in Congress, or for any State or district officer other 
than a member of the General Assembly, or for or upon 
questions or constitutional amendments submitted to the vote 
of the people, it shall be the duty of the board of canvassers 



KENTUCKY ELECTION LAWS. P^s 55 

of returns for each county immediately after examination 
of such returns, to make out two or more certificates in writ- 
ing, over their signatures, of the number of votes given in the Act moo. 
county for each of the candidates for any of said offices and 
the number of votes for or against any such questions or 
constitutional amendments. One of the certificates shall be 
retained in the clerk's office, another the clerk shall send, 
by next mail, under cover, to the Secretary of State at the 
seat of government. 

§ 77. Said State Board of Election Commissioners, or any 

two of them, in the absence of a member, shall be a board . state board— 
v ^ L , , to examine and 

for examining and canvassing the returns of election for any canvass, 
of the offices named in the last preceding section of this act. 
First, it shall be the duty of said board when the returns are 
all in, or on the third Monday after the election, whether 
they are in or not, to make out in the office of the Secretary 
of State, from the returns made, duplicate certificates in writ- 
ing, over their signatures, of the election of those having Act 1900. 
the highest number of votes, one certificate to be retained in 
the office and the other sent, by mail, to the person elected. 
-If all the returns are mot made the right to contest an election 
shall not be impaired. Second. In the case of the election of 
a Representative in Congress there shall be three certificates, 
one to be retained in the office, another sent, by mail, to the 
clerk of the House of Representatives at the seat of Federal 
government, and another sent, by mail, to the person elected. 
Third. It shall be the duty of t}ie Secretary of State, immedi- 
ately after the comparison of the returns, to cause a state- 
ment therefrom of the votes given in every county for each 
candidate to be published in two newspapers. Fourth. If 
two or more persons shall be found to have received the high- Equal num- 
est and an equal number of votes for the same office, so that 
the election cannot be determined among the candidates by 
a plurality of votes, it shall be determined by lot in such man- 
ner as the board may direct, and in the presence of not Determined 
less than three other persons. Fifth. If one or more of the 
persons voted for -as electors for President is elected, then 
he or they, when convened to vote for President, shall deter- 
mine which of the candidates having an equal number of 
votes shall be deemed to be elected without casting any lot 



ed 



56 KENTUCKY ELECTION LAWS. 

therefor. But if none is elected, then the board shall deter- 
mine the election, by lot, between those having the highest 
and equal number of votes, except that they shall be ar- 
ranged and drawn for in classes, according to their known 
pledges to vote for the different candidates, so that the whole 
vote of the State shall be given to the same person. 

§ 78. Where the canvassing board of two or more coun- 
ties— determ- ties on comparison of the returns, or the board of can- 
vassers for a county, find that two or more have received 
the highest and equal number of votes for the same office, 
they shall, by lot, determine which of the candidates is 
Act woo. elected. 

§ 79. In case there shall be a contest of the election of 
Secretary of State, Auditor, Treasurer, Attorney-General, 

contest for Superintendent of Public Instruction, Commissioner of Agri- 
How e determia- culture or other State officer, or in case there shall be a contest 
of the election of a judge or a clerk of the Court of Appeals, 
Circuit Judge, Commonwealth's Attorney, or Kail road Com- 
missioner, or of any officers elected by the voters of a county 
or any district therein, excepting members of the General 
Assembly, or of any police judge, clerk, marshal or other 
elective municipal officer, where there is no other provision 

Act 1900. by i aw f or determining the contested election of such mu- 
nicipal officer, the contest shall be made by the filing of a pe- 
tition in the circuit court of the county where the contestee 
resides, except where the officer is one elective by the voters 
of the whole State, in which event the petition shall be filed 
in the Franklin Circuit Court. Such petition shall be filed 
and process issued in the case of an officer elective by the vo- 
ters of the whole State or any district comprising more than 
one county, within thirty days after the final action of the 
board of canvassers, and in case of any other office, within ten 
days after such action; and shall state the grounds of the con- 
test relied on, and no other grounds shall afterwards be re- 
lied upon. 

Within twenty days after the service of summons upon him 
the contestee shall file his answer, which may consist of a 
denial of the averments of the petition and may also set up 
grounds of contest against the contestant, and if grounds are 
so set up they shall be especially pointed out and none other 



KENTUCKY ELECTION LAWS. 



57 



shall thereafterward be relied upon by said party. A reply 
may be filed within ten days after the answer or answers 
are filed, but its affirmative allegations shall be treated as 
controverted, and no subsequent pleading allowed, and the ac- 
tion shall proceed as an equity action. 

The evidence in chief for the contestant shall be completed Evidence- 
within thirty days after the issues are made up and the evi- time of - 
dence of the contestee completed within twenty days there- 
after, and the evidence for contestant, in rebuttal in fifteen 
days after the contestee has concluded. The action shall 
have precedence on the trial docket over all other cases. All 
ballots, poll books, stubs or other papers concerning which 
there is any ground for contest may be removed to the court 
in which the action is pending. Either party may appeal 
from the judgment of the circuit court to the Court of Ap- R js nt of ap- 
peals by giving bond to the clerk of the circuit court, with 
good surety, conditioned for the payment of all costs and 
damages the other p.arty may sustain by reason «f the ap- 
peal and by filing the record in the clerk's office of the Court 
of Appeals, within thirty days after final judgment in the cir- 
cuit court. And in the Court of Appeals the case shall be 
heard and determined as speedily as possible, and shall have 
precedence over all other cases. 

in case it shall appear from an inspection of the whole rec- 
ord that there has been such fraud, intimidation, bribery or 
violence in the conduct of the election that neither contestant timidation. 
or contestee can be adjudged to have been fairly elected, the 
circuit court, subject to revision by appeal, or the Court of 
Appeals finally may adjudge that there has been no election. 
In such event the office shall be deemed vacant, with the same 
legal effect as if the person elected had refused to qualify. 

On the production of a copy of the final judgment, the suc- 
cessful party shall be permitted to qualify or be commis- 
sioned, or a writ of new election shall be issued as the judg- 
ment may require. The unsuccessful party shall pay all 
costs in both courts. 

§ 80. Said State Board of Election Commissioners shall 
hold its sessions at the seat of government at Frankfort, U on at C ommis- 
where a suitable room for them shall be provided in some of pe^uon ™" 
the State buildings. The members of the board shall be 



58 KENTUCKY ELECTION LAWS. 

paid for all their services under this act five dollars per day 
while so in session: Provided, That no member of said board 
shall be paid more than one hundred dollars for his services 
Act 1900. in any year. Said board shall provide itself with necessary 
books, material and postage to enable it to perform the du- 
ties with which it is charged by this act. The chairman of 
said board shall certify to the Auditor of Public Accounts the 
money so expended by said board, and the sums that the 
members of said board and its secretary are entitled to be 
paid under this act, and thereupon the Auditor shall draw 
his warrant upon the Treasurer for the sum so certified, to the 
end that the same may be paid out of the treasury. 

§ 81. The County Board of Election Commissioners shall 
County election be paid for all services they may render under this act two 
compensatton? dollars per day while actually in session; but no member of 
such board shall be paid more than twenty dollars for his 
services during any year. Said board may provide itself 
with necessary books and stationery to enable it to perform 
its duties under this act. The amount of such expenditure 
and the number of days the members of said board were 
actually in session shall be certified by the chairman of the 
board to the fiscal court of the county, and paid out of the 
county funds. 

§ 82. If any member of either the State Board or the Coun- 
ty Boards of Election Commissioners herein provided for 
shall wilfully and knowingly violate any of the provisions of 
this act, or fail to execute faithfully any of the duties imposed 
upon said members under the provisions of this act, he shall 
be fined not less than one hundred nor more than one thousand 
dollars and imprisoned in the county jail not exceeding sixty 
days. 

renait f § ^' ^ n ^ P erson or persons who shall, bby threat of vio- 

intimidating lence, or in any other manner, intimidate, or attempt to in- 

election officers, 

et c timidate, the election officers, or the County or State Can- 

vassing Boards, as herein named, in the performance of their 
duty, or shall conspire together and go forth armed for the 
Act woo. purpose of intimidating said officers, shall be guilty of a fel- 
ony and, on conviction, be confined in the State penitentiary 
for not less than one year or more than five years. 



Act 1900. 



Penalty. 



- 



KENTUCKY ELECTION LAWS. 59 



ARTICLE VI. 

Time of Holding Elections. 

§ 84. PRESIDENTIAL ELECTORS.— The election of 
electors of President and Vice President shall be held on Constitution, 

sec. 148; Gen. 

the Tuesday next after the first Monday in November, one stat., chap. 33, 

J J art. 4. soc. 1. 

thousand eight hundred and ninety-two, and on the same 
day in every fourth year thereafter; but the Governor may, 
by his proclamation, appoint the same day in any other year, 
pursuant to the act of Congress, for holding the election, 
in the event of a vacancy in the offices of President and Vice 
President. 

§ 84a. CONGRESSIONAL.— The election of representa- 
tives in Congress shall be held on the Tuesday next after the Constitutl(m 
first Monday in November, one thousand eight hundred and |? c f 148 L Geu o, 

felflt., CHRP* oo 9 

ninety-two, and on the same day in every second year there- art - 4 - sec - *• 
after. 

§ 85. STATE OFFICERS.— The election for Governor, 
Lieutenant-Governor, Treasurer, Auditor of Public Accounts, constitution, 
Register of the Land Office, Attorney-General, Secretary of stat., chap. 33, 

9.rt 4 sgc 3 

State, Superintendent of Public Instruction, and Commis- 
sioner of Agriculture, Labor and Statistics shall be held 
on the first Tuesday after the first Monday in November, 
one thousand eight hundred and ninety-five, and the same 
day every four years thereafter. 

§ 86. CLERK OF COURT OF APPEALS.— At the annual 
election in the year one thousand eight hundred and ninety- sec, 148: Gen.' 
seven there shall be elected by the qualified voters of the art. 4, sees. 
State a clerk of the Court of Appeals, who shall take his 
office the first Monday in September, one thousand eight 
hundred and ninety-eight, and shall hold his office until the 
regular election in one thousand nine hundred and three; 
and on the same day every four years thereafter an election 
shall be held for the clerk of the Court of Appeals. 

§ 87. CIRCUIT JUDGE— COMMONWEALTH'S ATTOR- 
NEY—CIRCUIT COURT CLERK.— At the general election Constitution. 

sec. 148; Gen. 

in one thousand eight hundred and ninety-two, there shall stat. chap. 33. 

art. 4, sec. 3, 

be elected in each circuit court district a judge thereof, and! 



60 KENTUCKY ELECTION LAWS. 

a Commonwealth's attorney, and in each county a clerk of the 
circuit court, who shall enter upon the discharge of the 
duties of their respective offices on the first Monday in 
January after their election, and shall hold their offices five 
years, and until their successors are elected and qualified. 
An election shall be held in each county, in each circuit court 
district, for a circuit court judge, Commonwealth's attorney 
and circuit court clerk, on the first Tuesday after the first 
Monday in November, in the year one thousand eight hundred 
and ninety-seven, and on the same day every six years 
thereafter. 



Constitution, 



§ 88. COUNTY OFFICERS— JUSTICES OF PEACE- 



sec. 148; Gen. CONSTABLES. — An election shall be held in each county 

Stat., chap. 33, v 

art. 4, sec. 3. on the first Tuesday after the first Monday in November, one 
thousand eight hundred and ninety-four, for judge of the 
county court, county court clerk, county attorney, sheriff, 
county superintendent of common schools, members of the 
fiscal court, jailer, coroner, surveyor and assessor, and in 
each justice's district for one justice of the peace and one 
constable, who shall hold their respective offices for the 
period of three years, and until the election and qualification 
of their successors; and in eighteen hundred and ninety- 
seven, and every four years thereafter, there shall be held 
an election in each county for the officers herein mentioned. 
The first election for sheriff shall be held in each county at 
the regular election in one thousand eight hundred and nine- 
ty-two, and the sheriffs elected at this time shall hold their 
respective offices for the period of two years, and until 
the election and qualification of their respective successors. 

constitution, § 89. OFFICERS NOT OTHERWISE PROVIDED FOR. 

stat., chap. 33, — The election of all other officers not otherwise provided for 

shall be held on the first Tuesday after the first Monday in 

November, and thereafter on the same day of each year as 

the terms of office regularly expire. 



§ 89. TIME WHEN ELECTION SHALL election, either by law or by the officer em- 
BE HELD. To make an election legal powered to do so. Toney v. Harris, 85 Ky., 
there must be a time fixed for holding such 453; and see McGee v. Gill, 79 Ky., 106. 



KENTUCKY ELECTION LAWS. 61 



ARTICLE VII. 

Vacancies — How Filled. 

§ 90. VACANCY IN OFFICE— MEANING AND AP- G en. stat, 
PLICATION OF TERM.— The term "vacancy in office," or sec?!. 3 *' art ' °' 
any equivalent phrase as used in this article, means such 
as exists when there is an unexpired part of a term of office 
without a lawful incumbent therein, or when the person 
elected or appointed to an office fails to qualify according to 
law, or when there has been no election to fill the office at 
the time -appointed by law. It applies whether the vacancy 
is occasioned by death, resignation, removal from the State, 
county or district, or otherwise. 

§ 91. APPOINTMENT OR ELECTION— WHEN FILLED 
BY. — If the unexpired term will end at the next succeeding se e°i52. itutIon ' 
annual election at which either city, town, county, district or 
State officers are to be elected, the office shall be filled by 
appointment for the remainder of the term. If the unex- 
pired term will not end at the next succeeding annual elec- 
tion at which either city, town, county, district or State officers 
are to be elected, and if three months intervene before said 
succeeding annual election at which either city, town, county, 
district or State officers are to be elected, the office shall be 
filled by appointment until said election, and then said vacancy 
shall be filled by election for the remainder of the term. If 
three months do not intervene between the happening of 
said vacancy and the next succeeding election at which 
city, town, county, district or State officers are to be elected, 
the office shall be filled by appointment until the second 
succeeding annual election at which city, town, county, 
district or State officers are to be elected; and then, if any 
part of the term remains unexpired, the office shall be filled 
by election until the regular time for the election of officers 

§ 90. (1) VACANCY.— As to filling va- (2) VACANCY — INSANITY.— The con- 
cancy in office of judge of law "and flnement of a public officer in an asylum 
equity court in Jefferson county prior under judgment declaring him insane 
to adoption of present Constitution, creates a vacancy, and after his return 
see 85 Ky., 453. Election to fill vacancy in from the asylum he can not have the office 
office of clerk of county court prior to restored to him as against the person hold- 
present Constitution. Loran v. Webb, 82 ing it. Long v. Bowen, 94 Ky., 540. 
Ky., 246. 



62 KENTUCKY ELECTION LAWS. 

to fill said offices. Vacancies in all offices for the State at 
large, or for districts larger than a county, shall be filled 
by appointment of the Governor. No person shall ever be 
appointed a member of the General Assembly. 

§ 92. WRITS OF ELECTION— PROCLAMATION— PUB- 

cS D '33 St a a rt.' 6, LICATION— DUTY OF SHERIFF AND CLERK.— A writ of 

sec. 2. ' election shall be signed by the officer or attested by the 

clerk of the court issuing the same, shall designate the day 

for holding the election, and be directed to the proper sheriff 

or sheriffs. 

1. When an election is to be held to fill a vacancy in any 
office by the voters of the whole State, or of a congressional 
oi» judicial district, or other district composed of more than 
one county, a proclamation, signed by the officer authorized 
to order the same, shall be used and stand in lieu of a writ 
of election. 

2. Such proclamation, when for the whole State, shall be 
published, at least thirty days before the election, in two 
newspapers printed at the seat of government; and when for 
such district, at least twenty days before the election, in 
two newspapers printed in the district — if there are such 
papers printed at the seat of government or in the district. 
A copy of a proclamation for a district election shall also 
be forwarded by mail to the sheriff of each county in the 
district twenty days before the election. 

3. Immediately on receipt of a writ of election or proclam- 
ation of election, or other sufficient information thereof, the 
sheriff shall give notice thereof by advertisements, posted at 
the court house door and the several places of voting, and 
published in some newspaper printed in the county, if any 
such there be. 

4. No writ for the election of a county officer, a represent- 
ative or senator, shall be issued, except so as to enable the 
sheriff to give such notice at least eight days before the 
election. 

5. A writ of election from the county court shall be de- 
livered to the sheriff by the clerk thereof immediately after it 

§ 92. NOTICE OF ELECTION Is not es- but where the time 'aud place for hold- 

sential to its validity, wheu the time for ing an election must be designated by the 

holding it is fixed by the Constitution or person authorized to call it the rule is dif- 

statute. Berry v. McCullough, 94 Ky., 247; ferent. Sterrltt v. McAdams, 99 Ky.. 37. 
Board of Trustees v. Maysville, 97 Ky.,145; 



KENTUCKY ELECTION LAWS. 63 

is ordered. Other writs of election or proclamations shall 
be forwarded by the officer issuing them to the sheriff by 
mail. If, from any cause, the sheriff can not properly act, 
he shall immediately hand the writ or proclamation to the 
person authorized to act in his place. 

§ 93. GENERAL ASSEMBLY—WHO TO ISSUE WRIT. 
— When a vacancy happens in either branch of the General chap n '33, art.' e, 
Assembly during its session, the presiding officer of the see * 3 " 
house in which the vacancy occurs shall issue the writ of 
election; if the General Assembly is not in session, the writ 
shall be issued by the Governor. 

§ 94. GOVERNOR— OFFICE OF— WHO TO ISSUE 
WRIT. — When a vacancy happens in the office of Governor, chap. 33, art 6, 
requiring an election, the proclamation shall be issued by 
the chief justice; or if he is absent from the State or unable 
to act, by one of the associate justices. 

§ 95. COUNTY OFFICERS— WHO TO ISSUE WRIT.— 
A vacancy in the office of sheriff, coroner, surveyor, county C hap n °33, art' 6, 
court clerk, county attorney, jailer, county superintendent sec ° 5 ° 
of common schools, county treasurer, constable, assessor, or 
members of the fiscal court shall be temporarily filled by 
the county court until the successor shall have been 
elected as provided in section ninety-one, and shall have 
qualified. A writ of election to fill the vacancy shall be 
issued by the county judge; or, if he is absent from the 
county, by the county clerk; but if the vacancy be in his 
office, then by the circuit clerk, if the county judge be absent 
from the county. 

§ 96. JUSTICE OF THE PEACE— WHO TO ISSUE 
WRIT. — A vacancy in the office of justice of the peace shall C hap° 33? fc art.' 6. 
be filled by the appointment of the county court temporarily, 8ec ° 6 ' 
until the successor shall have been elected, as provided in 
section ninety-one, and shall have qualified; and a writ of 
election shall be issued as provided in the preceding sec- 
tion. 

§ 97. COMMONWEALTH'S ATTORNEY AND CIRCUIT GeB stat 
CLERK— WHO TO ISSUE WRIT.— A vacancy in the office ^\ 33 - ar ' : 6 - 

§ 97. NOTICE OF ELECTION to fill a time fixed by law. Sterrltt v. McAdams, 99 
vacancy In the office of circuit clerk is not Ky., 337. 
essential, when the election Is held at the 



64 KENTUCKY ELECTION LAWS. 



of Commonwealth's attorney or circuit court clerk shall, in 
like manner, be temporarily filled for the same time by the 
circuit judge of the district, who shall also issue the writ of 
proclamation for an election to fill the remaining vacancies. 

Gen. stat, § 98 * C0UNTY JUDGE— VACANCY FILLED BY JUS- 
cnap 33, art. 6, TICES. — When a vacancy shall occur in the office of a county 
judge, it shall be the duty of the clerk of the county court 
to issue a summons directed to the sheriff or any constable 
of the county, commanding him to summon the justices of 
the peace of said county to convene at the court house on a 
day to be named in the summons, which day shall not be less 
than ten nor more than twenty days after issuing of said 
summons; and a majority of the justices of said county being 
present, shall proceed to fill said vacancy until his successor 
shall have been elected, as provided in section one thousand 
five hundred and twenty-two of this article, and shall have 
qualified. If a majority of the justices are not present on 
the day named in the summons, then those present shall ad- 
journ from day to day until a majority can be had. A writ 
of election, as provided in section one thousand five hun- 
dred and twenty-three, shall be issued by the clerk of the 
county, directed to the sheriff of the county, who shall give 
notice, as provided in section one thousand five hundred and 
twenty-three, and hold an election at the next annual elec- 
tion. 

1. The justices shall convene at ten o'clock in the morning 
of the day named, or as soon thereafter as may be, and at 
the same hour every succeeding day, Sunday excepted, until 
the vacancy is filled. 

§ 2. A majority of the justices shall be a quorum to fill 
the vacancy, and their written certificate thereof shall be 
handed to and preseved by the clerk of the court. 

§ 3. In case of a tie, after ten ballots, the sheriff shall give 
the casting vote. 

§ 99. RESIGNATIONS— HOW AND TO WHOM TEN- 
chap.*33, art* 6. DERED. — All resignations of office shall be tendered to the 

sec. 9 

court or officer who is required to fill the vacancy. All such 
resignations shall be in writing, and received and recorded 
by said court or officer. When it is required to be filled by 
the circuit judge he shall cause a record to be made of the 



KENTUCKY ELECTION LAWS. 65 

resignation in the court of that county in which the officer 
lives; and when by the county court it shall caus v e a record of 
the fact to be made; and when by the Governor he shall 
cause the same to be recorded in the executive journal. 

§ 100. MEMBER OF GENERAL ASSEMBLY— CON- 
TESTING BOARD.— When the election of a member of the C haTzi art 7, 
General Assembly is contested, that branch thereof to which 
he belongs, within three days after its organization, shall 
in like manner select a board of not more than nine nor less 
than five of its members for determining the contest, which 
board shall be governed by the same rules, have the same 
power, and be subject to the same penalties, as would the 
board to determine the contested election of Governor, and 
shall report its decision to that branch of the General As- 
sembly by which it was appointed for its further action. 
(Con., sec. 38.) 



ARTICLE IX. 

Compensation of Officers of Elections. 
§ 101. COST ALLOWED BY FISCAL COURT OF 



Gen. Stat., 

33, art. 8, 



COUNTY.— The cost of all elections held in any county shall *£&[ 
be allowed by the fiscal court of such county and paid by the 
county treasurer, except as otherwise provided by law. 

§ 102. PAY OF OFFICERS OF ELECTION.— Officers of „ ow 

# Gen. Stat.„ 

elections shall receive pay as follows : Judges, two dollars ch& ®° 2 ®> art - 8 » 
each; sheriffs, two dollars, each; clerks, two dollars, each; 
in all elections to fill vacancies, the same fees. For deliver- 
ing election returns, the sheriff shall also receive eight 
cents for each mile necessarily traveled from the place of 
voting to the place of delivery. 

§ 103. The compensation to witnesses and officers taking Gen stat 
depositions, and their powers and duties, in cases of con- <*ap.' 3S, art. 8, 
tested elections, shall be the same as in actions in equity. 



KENTUCKY ELECTION LAWS. 



ARTICLE X. 

Electors of President. 

§ 104. MEETING AT CAPITOL— TIME OF.— Tho elec- 
chap.' 33, art! io, tors of President and Vice President of the United States 
shall convene in the Capitol, at the seat of government, at 
ten o'clock in the morning of the second Monday in Janu- 
ary after their election, give their votes at or after twelve 
o'clock, and make return thereof according to law. 

§ 105. ELECTOR NOT ATTENDING— PLACE FILLED. 
chapf 33, art io, — If, from any cause, one or more of the electors elected fails 

86C 2 

to attend, as before directed, by twelve o'clock of that day, 
those in attendance shall fill the place of those absent by the 
election of another person or persons, who shall have the 
same powers as if originally elected by the people for that 
purpose. 

§ 1061 COMPENSATION AND MILEAGE.— Each elec- 
chapJ llfart i. tor of President and Vice President of the United States, 
for each day he attends at the seat of government as an elec- 
tor, shall receive the same per diem and mileage as may at 
the time be allowed to a member of the General Assembly, 
to be paid as other claims upon the treasury. (Compensa- 
tion, see sec. 370, Ky. Statutes.) 



ARTICLE XI. 

United States Senator — How and when Elected — when Gov- 
ernor may Appoint. 

§ 107. ELECTION OF SENATOR BY GENERAL AS- 
chap.' 33,Trt. 9, SEMBLY. — The Legislature which shall be chosen next pre- 
ceding the expiration of the time for which any senator was 
elected to represent this Commonwealth in Congress shall, 
on the second Tuesday after the meeting and organization 
thereof, proceed to elect a senator in Congress, in place of 
such senator going out of office, in the following manner: 
Each House shall openly, by a viva voce vote of each member 



Gen. Stat., 



$ 104. PRESIDENTIAL ELECTORS are State officers. Todd v. Johnson, 99 Ky., 648, 



KENTUCKY ELECTION LAWS. 67 

present, name one person for senator in Congress from said 
State; and the name of the person so voted for who shall 
have a majority of the whole number of votes cast in each 
House shall be entered on the journal of each House by the 
clerk or secretary thereof; but if either House fail to give 
such majority to any person on said day, that fact shall be 
entered on the journal. At twelve o'clock, meridian, of the 
day following that on which proceedings are required to take 
place, as aforesaid, the members of the two Houses shall 
convene in joint assembly, and the journal of each House 
shall be read; and if the same person shall have received a 
majority of all the votes in each House, such person shall 
be declared duly elected senator to represent said State in 
the Gongress of the United States; but if the same person 
shall not have received a majority of the votes in each House, 
or if either House shall have failed to take proceedings as 
required by this section, the joint assembly shall then pro- 
ceed to choose, by viva voce vote of each member present, 
a person for the purpose aforesaid; and the person having a 
majority of all the votes of said joint assembly, a majority 
of all the members elected to each House being present and 
voting, shall be declared duly elected; and in case no person 
shall receive any such majority on the first day, the joint as- 
sembly shall meet at twelve o'clock, meridian, of each suc- 
ceeding day during the session of the Legislature, and take at 
least one vote until a senator shall be elected. 



§ 108. VACANCY— WHEN FILLED BY GENERAL AS- 



Gen. Stat., 



SEMBLY. — Whenever, on the meeting of a Legislature of chap. 33. art. 9. 

soC 2. 

this State, a vacancy shall exist in the representation of 
said State in the Senate of the United States, said Legis- 
lature shall proceed, on the second Tuesday after the eom- 
mencement and organization of its session, to elect a person 
to fill such vacancy, in the manner herein provided for the 
election of a senator for the full term; and if a vacancy shall 
happen during the session of the Legislature, then on the sec- 
ond Tuesday after the Legislature shall have been organized, 
and shall have notice of the vacancy. 

§ 109. VACANCY— WHEN FILLED BY APPOINT- Gen . stat> 
MENT OF GOVERNOR.— If a vacancy in the representa- ^a. 33 ' art ' '* 
tion of this Commonwealth in the Senate of the United 



68 



KENTUCKY ELECTION LAWS. 



Act 18SB. 



States shall, by resignation or -otherwise, happen during the 
recess of the General Assembly, the Governor of the Com- 
monwealth may fill such vacancy by the appointment of some 
person qualified and eligible to the office, who shall be the 
senator for the Commonwealth of Kentucky in the Congress 
of the United States until the General Assembly shall again 
meet and elect a senator to fill such vacancy. 

Gen. stat., § 110 * CERTIFICATE OF ELECTION.— It shall be the 

sec P 4. 33, art * '* ^ U ty °* * ne Governor to certify the election of the person so 
chosen or appointed, under the seal of the State, to the 
President of the Senate of the United States, which certifi- 
cate shall be countersigned by the Secretary of State. 



ARTICLE XII. 

Primary Elections. 

§ 111. DEFINITION OF PRIMARY ELECTION.— A pri- 
mary election, within the meaning of this article, and as used 
in this chapter, is an election held within the State, county, 
city, district, or subdivision thereof, as the case may be, by 
the members of any political party, or by the voters of 
some political faith, for the purpose of nominating candi- 
dates for office. 

§ 112. HOW ELECTIONS CONDUCTED.— All primary 
elections held in this Commonwealth by the various politi- 
cal parties shall be held and conducted in the same form 
and manner and under the same requirements as are or shall 
be provided by law for the holding of regular State elections, 
except in such particulars as are herein excepted. 

Act 1892. § 113 * OFFENSES AGAINST— PENALTIES.— Any act 

or deed denounced an offense by the general laws of the 
State concerning elections shall also be an offense in all pri- 
mary elections, and shall be punished in the same form and 

§ 111. PRIMARY ELECTIONS.— When the primary was called and held after the forty 

supreme party authority has acted and de- days' notice, required, and that the officer 

clared who constitute the committees the was appointed by the regularly organized 

courts will not revise or go behind its ac- and constituted committee of the party 

tion. Cain v. Page, 19 R.. 977. calling the election. Com. v. Maddox, 17 

(2) Indictment against election officer for R. f 557. 
violating the law should charge that the 



Act 1892. 



KENTUCKY ELECTION LAWS. 69 

manner as is provided for the punishment of similar offenses 
by the general laws; and all the penalties and provisions 
of the general laws shall apply in such cases with equal 
force, and shall be as effective as though fully set out in this 
article. 

§ 114. HOW ELECTION ORDERED BY COMMITTEE. 
Whenever it shall be desired by the committee or governing Act 1892# 
authority of any political party to hold a primary election 
under the provisions of this article, said committee or gov- 
erning authority shall, at least forty days prior to such pri- 
mary election, give public notice thereof, by posting such no- 
tice at the court house door and at least twenty other public 
places in the county or district. Such notice shall state 
the date of such proposed primary election, the hours be- 
tween which it will be held, the offices for which candidates 
are to be nominated, and the places at which polls will be 
opened at such primary elections. 

§ 115. QUALIFICATION OF VOTERS.— That all per- 
sons who are legal voters shall have the right to participate 
in such primary elections, subject to such additional politi- 
cal qualifications as may be prescribed by the committee. 

§ 116. PARTY AFFILIATION— PROVISIONS FOR 
REGISTERING.— In order that none but those affiliating 
with and being members of any political party shall partici- 
pate in any primary election held by such political party, 
a system for the registration of such persons is hereby pro- 
vided, and such registration shall be conducted in form and 
manner as follows, to wit: In all cities and towns, of what- 
ever class, in which a registration law is in force under the 
provisions of the general law governing the regular State 
elections, there shall be set aside on the regular registra- 
tion books used for the purpose of registering persons who 
are qualified to vote at the next regular State election, 
space for the registration of all persons who may desire to 
take part in any primary election held by any political party. 
Such space shall be provided on the regular State registra- 
tion books, immediately following the last perpendicularly 
ruled column in such books, and shall be headed as follows: 
"Party Affiliation." It shall be the duty of the judges of 
such regular State registration to ask each person who ap- 



Act 1892. 



Act 1892. 



70 KENTUCKY ELECTION LAWS. 

plies to be registered the question, "What political party do 
you desire to affiliate with?" And the name of the political 
party given by such person so applying to be registered shall 
be recorded in the column provided on the books of registra- 
tion for that purpose. In case any person applying to be 
registered does not desire to state his party affiliation, he 
shaM not be required so to do, nor shall his failure so to do 
act as a bar to his registration for the purpose of voting 
at any election held under the provision* of the general elec- 
tion law. The committee or governing authority of any po- 
litical party desiring to hold a primary election under the 
provisions hereof, or any persoa authorized by such com- 
mittee or governing authority, shall have the right to copy 
into books provided by the committee or governing authority 
the names of all persons registered on the regular State reg- 
istration books' as affiliating with such political party, a 
book being provided for each precinct of the city or town 
in which it is proposed to hold such primary election; and 
the names of all persons registered in each precinct on the 
regular State registration book or books, shall be copied into 
the book or books provided by the committee or governing 
authority for such precinct, together with the residence of 
each person so registered. In case the committee or govern- 
ing authority of any political party, desiring to hold a pri- 
mary election under the provisions hereof, should decide to 
hold such primary election previous to the time set for the 
registration of voters for that year, under the provisions of 
the general law, the party registration for the previous year 
shall govern at such primary election. Any person or per- 
sons who were necessarily absent from the city or town of 
their residence during the entire time of such regular State 
registration, or any person or persons who were too ill to 
attend such registration, or who were prevented therefrom 
by sickness or death or other calamity in their family, or any 
person or persons who moved into such city or town since 
the date of the last preceding registration, and Who have re- 
sided continuously in the precinct in which they apply to vote 
for sixty days next preceding such election, shall be allowed 
an opportunity to register at the time and in the manner set 
forth herein, as follows, to wit: Any person who was pre- 
vented from registering at the regularly appointed time 



KENTUCKY ELECTION LAWS. 71 

for any of the above-named causes, may apply at the polls 
of the precinct in which he resides at the primary election, 
and make affidavit before the officers of such primary elec- 
tion, who are hereby authorized to administer oath or affirma- 
tion thereto, and certify the same that he was prevented 
from registering at the regularly appointed time, and the 
cause for such failure shall be set forth in such affidavit. 
In all such cases the person so applying to the officers of the 
primary election for registration shall, in addition to his own 
affidavit, produce the affidavits of at least two well-known 
and reputable residents of the precinct, setting forth reason 
or reasons for the failure of such person to attend the regu- 
lar registration. In all cases where illness is given as the 
cause for failure to so register, the affidavit of some repu- 
table physician setting forth the fact shall also be produced. 
The officers of such primary election shall then register the 
name of the person so applying in the registration book for 
the precinct on the page immediately following the last page 
containing the names of those regularly registered; and op- 
posite each name so registered at such primary election shall 
be marked the words "Specially registered," and such per- 
son shall thereupon be allowed to vote. In case the name 
of any person who was registered at the regularly appointed 
time for registration, as affiliating with any political party, 
is from any cause omitted from the list of names copied from 
the regular registration books into the primary registration 
books, such person shall be allowed to vote upon producing 
a certificate from the custodian of the regular registration 
books setting forth the fact that the name of such person 
does appear upon such registration book. 

§ 117. REGISTRATION BOOKS— PENALTY FOR MU- 
TILATING, OR ADDING, OR ERASING NAMES.— Upon 
the completion of the copying of the names of all persons 
entitled to vote at any primary election from the regular 
State registration books into the primary election registra- 
tion books, the person or persons copying such names shall 
sign his or their name or names to the primary election reg- 
istration book or books immediately following the last name 
registered therein, and any ©ne who shall thereafter add 
any name or names to the list of names contained in such 



Act 1893 



72 KENTUCKY ELECTION LAWS. 



Act 1892. 



book or books, or who shall erase therefrom any name or 
names, or who shall otherwise change or mutilate such 
book or books, shall be guilty of a misdemeanor, and shall, 
upon indictment and conviction in the circuit court, be fined 
not less than one hundred dollars nor more than five hun- 
dred dollars, and be imprisoned in the county jail not less 
than sixty days nor more than one year. 

§ 118. REGISTRATION BOOK— PERSON WILFULLY 
MISCOPYING— PENALTY.— The person or persons ap- 
pointed by the committee or governing authority of any po- 
litical party to copy the names of those persons entitled to 
vote at any primary election from the regular State registra- 
tion books into the primary registration books shall, before 
entering upon the discharge of such duty, be sworn by some 
officer authorized by law to administer an oath, to faithfully 
and honestly discharge such duty, and any person so ap- 
pointed by the committee or governing authority of any po- 
litical party to copy such names who shall register any 
name or names in such primary registration book or books 
not registered in the regular State registration book or 
books, or who shall wilfully refuse to copy any name or 
names entitled to be so copied from the regular State regis- 
tration book or books, into the primary registration 
book or books, shall be guilty of a misdemeanor, and 
shall, upon indictment and conviction in the circuit court, 
be fined not less than one hundred dollars nor more than 
five hundred dollars, and imprisoned in the county jail not 
less than sixty days nor more than one year. 

§ 119. REGISTRATION BOOKS— DELIVERY" OF.— 
Act us*. The person or persons appointed by the committee or gov- 
erning authority of any political party to copy the names 
of those persons entitled to vote at any primary election 
to be held by such political party from the State registra- 
tion book or books into the primary registration book or 
books shall, upon the completion of that work, deliver to the 
duly authorized committee or governing authority under 
whose direction and control such copying was done, the book 
or books containing the names which were so copied, which 
book or books shall, previous to the day set for holding such 
primary election, be delivered bv such committee or govern^ 



Act 18S& 



KENTUCKY ELECTION LAWS. 73 

ing authority to the officers named, appointed and quali- 
fied to have charge of the primary election in the several 
precincts; and as each person shall apply to vote at such 
primary election, the officers thereof shall examine such 
registration book or books, and if they find thereon the 
name of the person applying to vote, and be satisfied that he 
is the person whose name is so registered, they shall enter 
the word "Voted," after his name, and he shall then be al- 
lowed to vote. No person whose name is not contained in 
such registration book or books, except those hereinbefore 
mentioned who were specially registered, shall be allowed 
to vote or participate in such primary election. 

§ 120. PROVISION WHERE NO REGISTRATION RE- 
QUIRED. — In all counties, districts or precincts in which 
no registration is held under the provisions of general law, 
all legal electors shall have the right to vote at any primary 
election held by any political party, if they conform to the- 
conditions and qualifications prescribed by the committee 
or governing authority of the political party having direc- 
tion and control of such primary, by applying at the polls 
of the precinct in which they reside, and making known the 
fact that they conform to such conditions and qualifications 
as have been so prescribed. In case the officers of such pri- 
mary election be in doubt as to the right of any person to 
vote, such person shall be sworn by the judges of election, 
and if, after examination as to his right to vote, he be allow- 
ed to vote, the word "Sworn" shall be marked on the stub 
of the ballot containing such person's name. Any bystander 
may also challenge the right of any person to vote, and in 
all such cases, such person whose right to vote is so chal- 
lenged, shall be sworn and examined as hereinbefore set 
forth. (See sections 18 and 127.) 



§ 121. ELECTION OFFICERS — APPOINTMENT — 
OATH— POWERS— DUTIES AND PENALTIES.— The offi- 
cers for each election precinct, in all primary elections held 
under the provisions hereof, shall be of the same number 
as is required and designated by law to hold regular State 
elections, and their duties and responsibilities shall be pre- 
cisely the same as those of legally appointed and regularly 
qualified officers of regular State elections. They shall be 



Act MM. 



74 KENTUCKY ELECTION LAWS. 

appointed by the regularly organized and constituted com- 
mittee or governing authority of the political party holding 
such primary election, and shall, before entering upon the 
discharge of their respective duties, take the same oath re- 
quired to be taken by officers of regular State elections. The 
officers in each primary election precinct shall be selected 
from lists furnished by the various candidates, such lists to 
be furnished by the respective candidates to the committee 
or governing authority at least ten days before such primary 
election, and shall be as nearly equally divided as possible 
as to judges, clerks and sheriffs among the various candi- 
dates. The officers of all primary elections, held under the 
provisions hereof, shall have the same powers and privileges 
as officers of regular State elections, and shall be subject 
to the same restrictions, limitations and conditions. Any 
act or deed denounced by general law as an offense in the 
care of officers of regular State elections, is hereby declared 
to be an offense in the case of officers of such primary elec- 
tions, and shall be punished in the same form and manner 
as is prescribed by general law. (See sec. 113.) 

§ 122. CANDIDATE— HOW NAME TO BE SUBMIT- 
Act 1892. TED.— Any person desiring to submit his name to the voters 
in a primary election shall, not later than fifteen days next 
preceding the holding of such primary election, apprise the 
committee or governing authority of the political party hold- 
ing such primary of the fact that he is a candidate, and, upon 
complying with the conditions prescribed by the committee 
or governing authority for the regulations of candidates, 
shall be declared to be a candidate by the committee or gov- 
erning authority of such political party; and any person who 
has not given such notice to the committee or governing au- 
thority, or who has not complied with the conditions pre- 
scribed by the committee or governing authority for the gov- 
ernment of candidates, shall not have his name printed on 
the ballots used in such primary election; but any person 
desiring to vote for one other than the persons whose names 
are printed on such ballots shall have the right to do so by 
writing the name of the person for whom he desires to vote 
in the space on the ballot set apart for the names of the can- 
didates for such office as he may desire such person so voted 
for to hold. 



KENTUCKY ELECTION LAWS. 75 

§ 123. RETURNS OF ELECTION — ALTERATION- 
PENALTY. — Within such time as is provided by law in the 
ease of State elections, and in the same manner, the election Act 1892. 
returns of all primary elections shall be deposited with the 
committee or governing authority of the political party un- 
der whose direction and control such primary election was 
held, at such place as the committee or governing authority 
shall designate at which to receive such returns, and any per- 
son who shall change or in anywise alter such returns shall 
be punished in the same form and manner as is provided by 
general law for the punishment of any person who changes 
or in anywise alters the returns of a regular State election. 

§ 124. COUNTING VOTE— OATH AND DUTY OF COM- 
MITTEE—DECISION IN CASE OF TIE— PENALTY.— The Act 1892 - 
duly authorized and constituted committee or governing au- 
thority in the county or district in which a primary election 
may be held hereunder is hereby empowered to count the 
votes received by all candidates in such primary elections, 
and to declare the candidate or candidates, in cases where 
candidates for more than one office are to be nominated, 
receiving the highest number of votes the nominee of such 
political party for the office for which he was voted for at 
such primary election. In all cases of a tie vote or contest, 
the committee or governing authority of the political party 
holding such primary election shall have the power to hear 
and determine such contest, and decide who shall be enti- 
tled to the nomination. The proceedings in such cases shall 
be in such form and manner as the committee or governing 
authority shall determine upon. Before entering upon the 
discharge of the duties set forth in this article, the com- 
mittee or governing authority shall be sworn by some officer 
authorized by law to administer an oath to faithfully and 
honestly discharge the duties herein imposed; and the fail- 
ure upon the part of any member of the committee or govern- 
ing authority to discharge such duties faithfully and hon- 
estly shall be deemed a misdemeanor, and the persons so 
offending shall, upon indictment and conviction in the circuit 
court of the county or district, be fined not less than one hun- 
dred dollars nor more than five hundred dollars, and be im- 
prisoned in the county jail not less than sixty days nor more 
than one year. 



76 KENTUCKY ELECTION LAWS. 



§ 125. EXPENSES OF ELECTION— BALLOTS PRINT- 
ED BY ORDER OP COMMITTEE.— All expenses for hold- 
ing sue] . primary elections shall be borne and paid by the po- 
litical party holding same, and the pay of officers, cost of 
publishing and circulating notices of elections and all 
other expenses, shall be defrayed in such manner as may be 
provided for by the committee or governing authority of the 
political party holding such primaries. The ballots used 
in such primary elections shall be printed by order of the 
committee or governing authority having direction and con- 
trol of such primaries, under the same restrictions and limi- 
tations as is provided by general law for the printing of bal- 
lots used in regular State elections. 

Act 1892. § 126 - GENERAL APPLICATION.— The provisions of 

this article shall apply to all primary elections held for the 
purpose of nominating candidates for State, county, district 
or municipal offices hereafter held in this Commonwealth, 
except those held in the year one thousand eight hundred 
and ninety-two. 

"§ 127. In all primary elections hereafter held in this Com- 
monwealth, at which the whole number of candidates to be 

Primary eiee- voted f or does not exceed five, each candidate shall be enti- 
iengGrs C of! = tied to designate, by written notice to the chairman of the 
county committee or governing body of the party, holding 
such primary election, not less than five days before the day 
fixed for holding such election the name of one person for each 
voting precinct in the county, to act as challenger and in- 
spector for said candidate at the primary election at which he 
is a candidate. If there be more than five candidates to be 
voted for at the primary election, one-fourth of the entire 

Act 1900. number of such candidates may unite and designate, by writ- 
ten notice to the chairman of the county committee or govern- 
ing body of the party holding such primary election, not less 
than five days before the day fixed for holding such primary 
election, the name of one person for each voting precinct of 
the county, to act as challenger and inspector for all of the 
candidates so uniting: Provided, That no candidates shall be 
entitled to participate or unite in designating more than one 
inspector and challenger for each voting precinct. Such writ- 
ten notice shall be served upon the chairman of the county 



KENTUCKY ELECTION LAWS. 



11 



committee or governing body of the party holding the primary 
election, by any officer authorized to serve a summons. Such 
officer shall certify upon such written notice the day he re- 
ceives it and the day he serves it, and shall be allowed for 
serving same a fee of fifty cents, to be paid by the candidate 
giving such notice. If there be no such chairman, or if such 
written notice be placed in the hands of an officer author- 
ized to serve same eight days before the day for holding such Notice, 
election, and be returned by such officer "not found," or if 
served and the chairman refuses to issue the certificate, then 
the person designated as challenger and inspector for any 
candidate or candidates may present to the officers of elec- 
tion of the precinct for which he is designated as challenger 
and inspector the written notice herein provided for, and the 
person so designated shall have all the rights and powers as 
if appointed and certified by the chairman of the county com- 
mittee or governing body of the party as herein provided. 

Upon the designation of challengers and inspectors to the 
chairman of the county committee or governing body of the to°cha\ieng:ers. 
party, as herein provided, the said chairman shall issue to 
each person so designated a certificate, signed by him as 
chairman of the county committee or governing body of the 
party, of appointment as challenger and inspector for the 
candidate or candidates so designating him, in the voting pre- 
cinct for which he shall have been designated. The person so 
appointed as challenger and inspector shall, upon presenta- 
tion of his certificate of appointment to the officers of the elec- 
tion of the precinct for which he shall have been appointed, 
be entitled to stay in the room where the election is being held 
during the time of voting and the counting of the votes. He 
shall be entitled to challenge the right of persons to vote, 
and to be present at, witness and inspect the counting of the 
votes, and shall have all other rights and powers conferred 
by law upon challengers and inspectors at regular elections. 

Before acting as such the challenger and inspector so des- 
ignated shall take the oath, to be administered by the clerk ; Challengers 

& , , „ to take oath,, 

or one of the judges of the election, prescribed by law for 
challengers at regular elections. 

Any chairman of any county committee or governing body 
of the party who shall refuse to issue the certificate of ap- 
pointment to any person so designated as challenger and in*. 



78 KENTUCKY ELECTION LAWS. 

spector, as herein provided, and any precinct election officer 
who shall refuse to admit any person so designated as chal- 
Aot i9oo. lenger and inspector to the room at any time during the 
voting or the counting of the votes, or shall wilfully hinder 
or prevent such person from witnessing and inspecting the 
counting of the votes, shall be guilty of a misdemeanor, and 
shall, upon conviction, be fined not less than one hundred 
dollars nor more than five hundred dollars, or shall be con- 
fined in the county jail not less than thirty days nor more 
than six months, or may be both so fined and imprisoned. 



ARTICLE XIII. 

Penalties Against Frauds in Elections — Limitation to 
Prosecutions. 

§ 128. REMOVING OR HAVING BALLOT OUTSIDE 
ELECTION ROOM— WHEN A FELONY.— Any person who 
shall knowingly and wilfully remove or attempt to remove 
a ballot from the election room, or have in his possession 
outside the election room any ballot, either genuine or coun- 
terfeit, during the election, shall be guilty of felony, and, 
on conviction, shall be imprisoned in the penitentiary not 
less than two nor more than five years. (See sec. 1473.) 

§ 128a. WRONGFUL REMOVAL OR POSSESSION OF 
BALLOT— PENALTIES.— If any person shall take or re- 
move in any manner, feloniously or with the consent or per- 
mission of the custodian for the time, any official ballot or 
ballots, from any place where they may lawfully be under 
this law, or shall knowingly and wilfully have in his custody 
or possession such ballots, except as an official or custodian 
under the law, or while within the polling place for the pur- 
pose of voting; or if any such custodian or official shall con- 
sent to, or permit any of such ballots to be removed or car- 
ried away from the place where they may lawfully be, by any 
person except such official or custodian whose duty it is to 
receive the same, such person, custodian or official shall be 
deemed guilty of a felony, and, on conviction, shall be pun- 
ished by imprisonment in the penitentiary for not less than 
three nor more than ten years. 



Act 1892. 






KENTUCKY ELECTION LAWS. 79 

§ 129. REMOVING OR DESTROYING BOOTH OR 
OTHER CONVENIENCE— OR ATTEMPT.— Any person 
who shall, during the election, knowingly and wilfully re- Act 1892. 
move or destroy any of the supplies or other conveniences 
placed in the booths for the purpose of enabling the voter 
to prepare his ballot, or shall, during an election, remove, 
tear down or deface the cards printed for the instruction 
of the voters, or shall, during an election, destroy or remove 
any booth or other convenience provided for such election, 
or shall induce or attempt to induce any person to commit 
any of such acts, whether or not any of such acts are com- 
mitted or attempted to be committed, shall be guilty of a 
misdemeanor, and on conviction, shall be punished by im- 
prisonment in the county jail for not less than six months 
nor more than one year. 

§ 130. ELECTIONEERING— WRONGFUL OBTENTION, 
EXHIBITION, MARKING OR DELIVERY OF BAL- Aot 1802 ° 
LOT.— No officer of election shall do any electioneering on 
election day, nor disclose at any time, to any person, the 
name of any candidate for whom any elector has voted. No 
person whatever shall do any electioneering on election day 
within any polling place, or within fifty feet thereof. No 
person shall apply for or receive any ballot in any polling 
place other than that in which he is entitled to vote. No 
person shall show his ballot, after it is marked, to any person 
in such a way as to reveal the contents thereof or the name 
of any candidate or candidates for whom he has marked his 
vote; nor shall any person examine a ballot which any elec- 
tor has prepared for voting, or solicit the elector to show tke 
same. No voter shall deliver any ballot to the judges of 
the election to be voted, except the one he receives from the 
clerk. No voter shall place any mark upon his ballot, or 
suffer or permit any other person to do so, by which it may 
be afterward identified as the one voted by him. Whoever 
shall violate any provision of this section shall, on convic- 
tion, be fined not less than twenty (20) nor more than five 
hundred (500) dollars, or imprisoned not less than ten (10) 
days or more than (6) months, or both so fined and impris- 
oned, at the discretion of the jury. (See sec. 41.) 



80 KENTUCKY ELECTION LAWS. 

§ 131. INDUCING ANOTHER TO MARK BALLOT- 
FELONY— MARKED BALLOTS NOT COUNTED.— If any 

Act is92. person shall induce, or attempt to induce, any elector to 
write, paste, or otherwise place on his ballot the name of any 
person or any sign or device of any kind, as a distinguishing 
mark by which to indicate to any other person how such elec- 
tor has voted, such person so offending shall be guilty of 
felony, and, on conviction, be imprisoned in the penitentiary 
not less than two nor more than five years. Any ballot hav- 
ing any of the distinguishing marks mentioned in this section 
shall not be counted for any candidate voted for at that 
election. 

§ 132. PERSON ENTITLED TO INSPECT BALLOT— 
Act 1892. REVEALING INFORMATION— FELONY.— If any person, 
being an officer of election or otherwise entitled to the in- 
spection of the ballots, or challengers, shall reveal to any 
other person how any elector has voted, or what other can- 
didates were voted for on any ballot bearing a name not 
printed thereon, or give any information concerning the ap- 
pearance of any ballot voted, such a person so offending 
shall be guilty of a felony, and, on conviction, shall be im- 
prisoned in the penitentiary not less than two nor more than 
five years. 

§ 133. PERSONATING REGISTERED VOTER— PEN- 
ALTIES. — Any person who falsely personates a registered 
voter, in any precinct where registration is required, and re- 
ceives a ballot under the provisions of section one thousand 
four hundred and seventy-one, by means of such persona- 
tion, and casts said ballot, shall be deemed guilty of a 
felony, and shall, upon conviction thereof, be sentenced to 
imprisonment in the penitentiary for not less than one nor 
more than two years, and forfeits his right to vote forever 
after. The attempt at such personation shall be punished 
as a misdemeanor, with a fine of not exceeding two hundred 
dollars, and imprisonment not exceeding six months in the 
county jail. 

§ 134. DESTROYING OR OBTAINING BALLOT OR 
BOX— OR ATTEMPT.— Whoever unlawfully destroys, or 
attempts to destroy, any ballot box used, any ballot depos- 
ited at any election, or whoever at any election unlawfully, 



Act 1892. 



Act 1892. 



KENTUCKY ELECTION LAWS. 81 

either by force, fraud or other improper means, obtains or 
attempts to obtain possession of any ballot box or any bal- 
lots therein deposited, while the voting at such, election is 
going on, or before the ballots are duly taken out and count- 
ed according to law, shall be punished by confinement in the 
penitentiary for not less than one nor more than five years, 
and be fined not less than fifty nor more than one thousand 
dollars. 

§ 135. RIGHT OF EMPLOYE— EMPLOYER REFUSING 
LEAVE.— Any person entitled to a vote at any election in sec. 148. Act ' 



this State shall, on the day of such election, be entitled 1o 
absent himself from any services or employment in which 
he is then engaged or employed for a period of four hours, 
between time of opening and closing the polls; and such 
voter shall not, because of so absenting himself, be liable 
to any penalty, nor shall any deduction be made on account 
of such absence from his usual salary or wages: Provided, 
however, That application for such leave of absence shall 
be made prior to the day of election. The employer may 
specify the hours djiring which said employe may absent 
himself as aforesaid. Any person or corporation who shall 
refuse to an employe the privilege hereby conferred, or shall 
discharge or threaten to discharge an employe for absenting 
himself for the purpose of said election from his work, or 
shall subject an employe to a penalty or deduction of wages 
because of the exercise of such privilege, or who shall, di- 
rectly or indirectly, violate the provisions of this section 
shall be deemed guilty of a misdemeanor, and be fined in 
any sum not less than fifty nor more than five hundred dol- 
lars. (See Con., sec. 148.) 

§ 136. SELLING OR FURNISHING INTOXICATING 
LIQUORS. — Whoever sells, loans, gives or furnishes to any se ^°i|2 tutlona 
person or persons, either directly or indirectly, spirituous, 
vinous or malt liquors, or any other intoxicating drink, in 
any precinct, town, city or county of this Commonwealth, 
upon the day of any general or primary election therein, shall 
be guilty of a misdemeanor, and, upon conviction thereof, 



§ 136. (1) SELLING LIQUOR ON ELEC- (2) A sale at any time during the twenty- 

TION DAY.— Person charged with selling four hours of the election day is a violation 

can not be convicted upon the testimony 01 of this section. Com. v. Murphy, 95 Ky. 38 
a single witness. Com. v. Hart, 98 Ky„ 7. 



82 KENTUCKY ELECTION LAWS. 

shall be fined the sum of not less than twenty-five nor more 
than fifty dollars for each offense, which may be recovered 
by proceedings in any court of competent jurisdiction, or by 
indictment in the circuit court. It shall be the duty of the 
circuit judges throughout this Commonwealth to make spe- 
cial mention of this section in charge to the grand juries of 
said courts. (See sec. 2565, Ky. Statutes.) 

§ 137. DISOBEDIENCE OF ELECTION OFFICER'S 
COMMANDS. — Any person who shall willfully disobey any 
lawful command of any officer of an election held under this 
chapter, given in the execution of his or their duty as such 
at any such election, shall be deemed guilty of a misde- 
meanor, and, on conviction, be fined not less than twenty- 
five nor more than five hundred dollars. 



Act 1892. 



Act 1892. 



§ 138. OFFICERS VIOLATING DUTIES.— Any public 
officer upon whom a duty is imposed under this chapter, and 
no penalty provided for the violation thereof, who shall will- 
fully neglect to perform such duty, or who shall willfully 
perform it in such a way as to hinder the objects of this law, 
shall be punished by a fine of fifty dollars and imprisonment 
in the county jail for two months. 

§ 139. SHERIFF FAILING TO PERFORM DUTY.— Any 
sheriff who willfully fails to cause an election to be held as 

Gen. Stat. 

chap. 33, art. required by law shall be fined from one hundred to five hun- 

12 sec 1 

dred dollars. If he willfully fails to perform any other duty 
concerning an election, for which there is no penalty specific- 
ally prescribed, he shall be fined from twenty to two hundred 
dollars. 

§ 140. OFFICER APPOINTED FAILING TO PERFORM 
DUTY. — Any officer of election or of registration, in anv 

Gen. Stat., . 

chap. 33, art. precinct where registration is required, who, after due notice 
of his appointment, shall fail to perform his duty as such in 
holding any election or registration, unless for good cause, 
shall be fined from twenty-five to five hundred dollars. 



Gen. Stat.. 



§ 141. OFFICER OF CANVASSING OR CONTESTING 
BOARD— NEGLECT OR CORRUPT ACT.— Any officer who, 

12, sec. 8. 

without sufficient excuse, fails to discharge his duty after an 
election, as one of a board for canvassing the election returns, 
shall be fined from one hundred to one thousand dollars, and 



KENTUCKY ELECTION LAWS. 83 



imprisoned in the county jail not exceeding sixty days. Any 
officer who shall act corruptly or with partiality in the dis- 
charge of such duty shall be fined from one hundred to five 
hundred dollars, and shall also, in addition, forfeit any office 
he then holds, and be disqualified from ever holding any 
office. 

§ 142. ALTERING, SECRETING, DESTROYING POLL- 
BOOK, RETURN OR CERTIFICATE.— Any officer or other Gen. stnt., 

- - ^ chap 33 s art. 

person who shall willfully alter, obliterate, or willfully se- 12, sees. 4. 5. 
crete, suppress or destroy the certified poll-book, return or 
certificate of an election, willfully and unlawfully alter the 
poll-book before it is certified; or any officer who shall make, 
or aid in making, or authorize the making up of any false or 
fraudulent poll-book, or certificate of an election or election 
return, shall be deemed guilty of forgery, be confined in the 
penitentiary from one to five years, forfeit any office he then 
holds, and be disqualified from ever holding any office. 

§ 143. REFUSAL TO GIVE CERTIFICATE OF ELEC- 
TION. — Any officer whose duty it is to give or aid in giving cn^^ari 
a certificate of election, or of the returns of an election, or to 12 > sec - 6 - 
forward the same, who shall willfully refuse or fail to give 
the same, or to send the same to the Secretary of State, as 
required by law, shall be fined not more than a thousand dol- 
lars, forfeit any office he may then hold, and be disqualified 
from ever holding any office. 

§ 144. RECEIVING OR RECORDING ILLEGAL VOTE. 

— Anv officer of election who shall receive, or assent to re- 

, . ,. , .. . Gen. Stat., 

ceive, or record a vote at an election at a time or place chap. 33, art. 

12 see 8 

known by him not to be the time and place lawfully ap- 
pointed, or who shall knowingly receive the vote of any 
other than a qualified voter, or so refuse to receive the vote 
of a qualified voter, shall, for every such offense, be fined 
from fifty to five hundred dollars, forfeit any office he then 
holds, and be disqualified from ever holding any office. 

§ 142. (1) FALSE ENTRY IN POLL § 144. LIABILITY OF JUDGE FOR RE- 

BOOK.— Making up a fraudulent poll book FUSING VOTE.— To render a judge liable 

is a single offense, whether consisting of the for refusing to permit a qualified voter to 

false entry of one or more votes, or of votes vote it must appear that the refusal was 

for one or more candidates for office. Com- knowingly wrongful, and that the judge was 

v Duff 87 Ky., 586; and see Com. v. Eck- prompted by impure and corrupt motives. 

ert 14 Law Rep 250 Caulfield v. Bullock, 18 B. M., 494; Morgan 

(2) FALSE RETURN.— Sufficiency of in- v. Dudley, 18 B. M., 693; Chrisman v. 

dictment for. Com. v. Barry, 98 Ky., 394. Bruce, 1 Duv., 63; Miller v. Rucker, 1 Bush, 

135. 



34 KENTUCKY ELECTION LAWS. 

§ 145. PERSON NOT QUALIFIED VOTING.— Any resi- 
Gen. stat.. dent of this State who shall vote at any election before he 
i2, a sec. 33 i. art * lias resided one year in the State, or in the county and pre- 
cinct where the election is held, the time required by law, or 
before he has attained full age, or before he has been duly 
naturalized, shall be fined from fifty to one hundred dollars, 
or imprisoned from ten to ninety days, or both. 

§ 146. NON-RESIDENT— REPEATING— FALSE PER- 
Gen. stat.. SONATION— FELONY.— Any resident of another State or 
12, sec. io. country who shall vote at, or any person who shall vote more 
than once at an election, or knowingly vote, or offer to vote, 
in any precinct except the one in which he resides ; any per- 
son who shall vote by means of a false personation, or use 
of the naturalization papers of another person, dead or liv- 
ing, and any person who shall lend or hire his or another's 
naturalization papers to be used for such purpose, shall be 
imprisoned in the penitentiary not less than one nor more 
than five years. 

§ 147. BRIBERY— RECEIVING BRIBE— WHAT IS 

n Gen '38 St art BRIBERY. — Any person guilty of receiving a bribe for his 

^Gp^st't vo ^ e a ^ an e l ec ti° n > or f° r services or influence in procuring 

a vote or votes at an election, shall be fined from fifty to five 

hundred dollars, and be excluded from office and suffrage. 

1. "Bribe" or "bribery" means any reward, benefit or ad- 
vantage, present or future, to the party influenced or in- 
tended to be influenced, or to another at his instance, or the 
promise of such reward, benefit or advantage. 

2. Money or other thing of value given or lent in whole or 
in part, to betted on the result of election, or the promise 
thereof, for a bet with another that such other will vote for a 
named candidate, and the gift or promise of a share on any 
such bet made or to be made, shall be deemed a bribe. 

3. Whoever shall receive money or other thing of value to 
be used for the purpose of procuring or influencing a vote or 
votes shall be deemed to have been bribed. (See Constitu- 
tion, sec. 151.) 

§ 147. (1) BRIBERY.— As to sufficiency of Hall v. Marshall, 80 Ky., 552; Com. v. Root 

Indictment for, and what Is necessary to 96 Ky.. 533; Com. v. Steele, 97 Ky., 27. 

constitute the offense, see Johnson v. Com., (2) Person who bribes another to vote at 

90 Ky., 53; Cheek v. Com., 87 Ky., 42; Com. an election under the local option law Is 

v. Selby, 87 Ky., 594; Curran v. Taylor, 92 guilty of bribery. Com. v. Steele, 97 Ky 27 
Ky., 537; Com. v. Stephenson, 3 Met., 228; 



KENTUCKY ELECTION LAWS. 85 

§ 148. BRIBERY— BRIBING ANOTHER.— Whoever 
shall bribe another shall, on conviction, be fined from fifty to 
one hundred dollars, or imprisoned from ten to ninety days, 
or both so fined and imprisoned, and be excluded from office 
and suffrage. 

§ 149. UNLAWFUL INTERFERENCE WITH ELEC- 
TION. — Any person who, by himself or in aid of others, shall 
forcibly break up or prevent, or attempt to break up or pre- chap. 33. art. 
vent, the lawful holding of an election, or so obstruct or 
attempt to obstruct the same, or so prevent or attempt to 
prevent any qualified voter from giving his vote, shall be 
fined from fifty to five hundred dollars, or imprisoned not 
more than one year. 

§ 150. MAKING OR PROCURING ANOTHER TO 
MAKE FALSE OATH. — Any person who shall make any chap. ' 33, art. 

10 sec 14. 

willfully false statement, under an oath duly administered 
at an election, shall be confined in the penitentiary from one 
to five years. Any person who shall willfully procure an- 
other to make such false statement shall be confined in the 
penitentiary one year. 

§ 151. COUNSELING OR PROCURING ONE TO MAKE „ 0+ 4 

° Gen. Stat. 

FALSE OATH. — Any person who shall counsel, advise or chap. 33. art. 

J r 12, sec. 7. 

procure the commission, or aid in the commission, of either 
of the offenses named in this article, shall incur thereby the 
penalty therefor, as therein named. 

§ 152. LIBERAL CONSTRUCTION OF CHAPTER— n ^ 

Gen. Stat, 

CHARGE TO GRAND JURY.— This chapter shall be liber- chap. 33. art. 



ally construed, so as to prevent any evasion of its prohibi- 
tions and penalties by shift or device. Irregularities or de- 
fects in the mode of convening or conducting an election 
under this law shall constitute no defense to a prosecution 
for a violation of its provisions. It shall also be given 
specially in charge to the grand jury of every county first 
convened after any general election. 

§ 153. OFFICERS TO GIVE INFORMATION— ARREST 



12, sec. 17. 



Gen. Stat. 



-BAIL. It shall be the special duty of any officer of an J ha ^ c 33 * 16 art 



§ 150. FALSE SWEARING.— Where the minister an oath, and a person sworn by 
oath was administered by the judge of an him can not be convicted of perjury. Big- 
election who had not himself taken the pre- gepstajj? v. Com.. 11 Bush., 169. 
scribed oath he was not authorized %p ajfl- 



86 KENTUCKY ELECTION LAWS. 

election to give information of all infractions of this law to 
the grand jury or Commonwealth's attorney; and when there 
is reason to fear that an offender will make his escape out 
of the county before indictment, any such election officer 
may procure his immediate apprehension. The officer before 
whom such offender is brought, if satisfied of his guilt, shall 
require from his surety, in adequate penalty, for his appear- 
ance at the next circuit court, to answer the charge; and on 
his failure to give it, commit him to jail till such surety is 
given. 

§ 154. WITNESSES BEFORE GRAND JURY— RE- 
chap/33. art. FUSAL TO TESTIFY. — A grand jury may cause any person 
to be summoned before them as a witness, who shall be com- 
pelled to testify as to any knowledge he may possess touch- 
ing any violation of law in relation to elections in the county 
during the preceding eighteen months; and if he refuses to 
testify on oath, he shall be committed to prison until he sub- 
mits, and be fined from ten to thirty dollars by the court, 
and a like sum for each daily repetition of the contempt. 

„ a § 155. SELF-CRIMINATING TESTIMONY— SINGLE 

Gen. Stat.. 

chap. 33. art. WITNESS INSUFFICIENT.— In any prosecution under this 

12, sec. 19. J r 

chapter, it shall be no exemption for a witness that his 
testimony may criminate himself; but no such testimony 
given by a witness shall be used against him in any prosecu- 
tion, except for perjury; and if used on behalf of the Com- 
monwealth, he shall stand discharged from all penalty for 
any violation of this chapter, so necessarily disclosed in his 
testimony, as tending to convict the accused. But the jury 
shall never convict any one, under the provisions of this 
chapter, upon the testimony of a single witness, unless sus- 
tained by strong corroborating circumstances. 

Gen. stat.. § 156 * LIMITATION— TWO YEARS EXCEPT IN CASE 

; o nn P .'33 art. OF FELONY.— No prosecution shall be had under this 

12, sec. 20. r 

chapter where the penalty is less than confinement in the 
penitentiary, unless the same is commenced within two 
years from the time of the commission of the offense. 

1 155. EVIDENCE SUFFICIENT TO a voter to testify how he voted. In a prose- 

CONVICT.— Person charged with selling oution against ad election officer. Com. v. 

liquor, on election day can not be convicted %?rry. 98 Ky., 394: Major v. Barker, 99 Kv., 

on the testimony of a single witness. Com- 3(f>. 
v. Hart. 98 Ky., 7; nor is It competent for 



KENTUCKY ELECTION LAWS. 87 



Article XIV. 
LOCAL OPTION. 

§ 157. TIME OF HOLDING ELECTIONS ON LIQUOR 
QUESTIONS.— All elections to take the sense of the people 
of any town, city, county, district or precinct as to whether 
or not spirituous, vinous or malt liquors shall be sold, bart- 
ered or loaned therein, or the sale thereof regulated, shall 
be held as hereinbefore provided for the elections of county, 
town, city, district or precinct officers, except that a vote on 
such questions shall be held on a day other than the regular 
election day. All laws or parts of laws, general or special, 
now in force, inconsistent with this act, or any part of its 
provisions, are hereby repealed. (See sec. 2554 Ky. Statutes.) 



Article XV. 

DISTRICT TRUSTEES. 

§ 158. NUMBER — QUALIFICATION — ELECTION — 
TERM OF OFFICE— CHAIRMAN OF BOARD— PENALTY 
— VOTERS. — Each school district shall be under the control 
of three trustees, who shall be of good moral character, at 
least twenty-one years of age, and for white schools, able to 
read and write, and for colored schools, able to read and 
write, if practicable, one of whom shall be elected each year 
for the term of three years, to fill the place of the trustee 
going out of office. No person holding the office of trustee 
of any private school shall be eligible to hold the office of 
trustee of any common school. The vote in electing a trus- 

§ 158. (1) LIABILITY OF SCHOOL TRUS- by a viva voce vote. Moss v. Riley, 19 R., 

TEE.— The promise by a trustee to pay a 993. 

contractor a certain amount to assist in (4) Contested election of trustee can not 

building the school house, when the amount be determined by the county superintendent, 

is collected from the district, does not ren- even by consent of the interested parties— 

der him personally liable. Goodin v. the jurisdiction to decide such contest is 

Trustees, 15 R.. 481. in the county bboard created by section 1534, 

(2) TRUSTEES— ELECTION— APPOINT- now section 1596a, subsection 13. Hopkins 
MENT.— Where the superintendent appoint- v. Swift, 100 Ky.. 14. 

ed two trustees to fill vacancies, and the (5) When a voter has cast his vote for a 

two trustees elected at the next elec- trustee he can not afterwards, and when 

tion failed to qualify, the trustees ap- other votes have been cast, have his vote 

pointed had the right to act in conjunction changed to another candidate upon the 

with the old trustee in levying a tax. Bishop ground that his vote was cast by mistake, 

v. Route, 7 R., 361. Hopkins v. Swift, 100 Ky., 14. 

(3) SCHOOL TRUSTEES must be elected 



Act 1888. 



88 



KENTUCKY ELECTION LAWS. 



tee shall be taken viva voce, and the election shall be held at 
the schoolhouse, and if no schoolhouse be in the district, at 
such convenient place as the trustee may select, from one 
o'clock till six o'clock in the afternoon on the first Saturday 
of October each year, notice thereof having been posted by 
the trustees at three of the most public places in the district 
for ten days immediately preceding the day of election. At 
this election the qualified voters of the district shall be the 
electors; and any widow having a child between six and 
twenty years of age, and any widow or spinster having a 
ward between the ages of six and twenty years, may also 
vote. The officers of the election shall be a judge and a 
clerk, who shall be residents of the district, and be chosen 
by the voters at the opening of the polls. The judge of the 
election shall give the casting vote in case of a tie, provided 
he has not heretofore voted, and give a certificate of election 
to the person elected, signed by himself, and report the 
trustees thus elected, in writing, to the county superintend- 
ent of the county within five days after the day of election. 
In case of a tie, in which the judge has voted, then he shall 
certify the fact to the county superintendent, and the county 
superintendent shall appoint the trustee, and give him a 
certificate, and the trustee so selected shall act until his suc- 
cessor is duly qualified. The trustee so elected shall hold 
office for three years, from the first day of July succeeding 
his election, and until his successor is duly elected or ap- 
pointed and qualified. Any two of the trustees may consti- 
tute a quorum to transact the business pertaining to their 
office at a meeting of which all shall have had reasonable 
notice. The trustee having the shortest time to serve shall 
be chairman of the board of trustees, whose duty it shall be 
to preside at all its meetings and to make the reports, and 
to perform all other such acts and duties as required by law 
of trustees; and in case of neglect or non-performance of 
duty, the one so remiss of duty shall be subject to like fines 
and penalties as imposed by law on trustees for neglect of 
duty or other violations of law. This law shall in no wise 
impair the tenure of office of trustees who have been duly 
elected or appointed under the present school law. (Section 
as amended by act of March 17, 1898; the amendment in- 
serted October in place of June.) 



KENTUCKY ELECTION LAWS. 



89 









Act 1888. 



§ 159. PENALTY IMPOSED ON OFFICER OF ELEC- 
TION FOR FRAUD. — Any person who may be chosen to pre- 
side over the election of a school trustee in any school dis- 
trict in this Commonwealth who shall knowingly, and with 
intent to commit a fraud, receive and count any illegal vote 
or issue a certificate of election to any person not entitled 
thereto, or shall refuse to issue such certificate to any one 
duly elected, or who shall fail for five days after the election 
to report the name of the person elected, or who shall, with 
fraudulent intent, deface, mutilate or destroy the records of 
any such election, shall be fined not less than fifty nor more 
than two hundred dollars for every such offense, and it shall 
be the duty of the county superintendent to report sucn 
offenses to the grand jury. 



>ir. 



LBMy'15 



